Supreme Court hears case involving police wiretap, obstruction charge against Regina lawyer

Dan Zakreski · CBC

· Posted: May 22, 2025 4:10 PM EDT | Last Updated: 4 hours ago

The Supreme Court of Canada is wading into the lawsuit of a Regina lawyer charged with obstruction aft constabulary intercepted calls during a cause investigation.

Defence lawyer Sharon Fox was charged successful May 2021 aft a constabulary wiretap 2 years earlier captured her speaking with a client. The constabulary were investigating alleged cause trafficking, and Fox was counsel for much than 1 of the suspects.

Fox was acquitted astatine trial, and past again astatine the Saskatchewan Court of Appeal. But since the Court of Appeal determination was not unanimous, the Crown appealed, and the Supreme Court agreed to perceive the case.

Saskatoon's Brian Pfefferle is 1 of the lawyers who represented Fox astatine the Supreme Court proceeding earlier this week. He said the precocious court's eventual determination could person far-reaching impacts on the narration betwixt lawyers and clients.

"We person a concern wherever the Supreme Court could perchance accidental that, successful definite circumstances, lawyers are capable to interruption [solicitor-client] privilege," helium said successful an interview.

"This is an erosion of a cardinal happening successful our society, potentially."

'She has been nether surveillance'

The Regina Police Service's lawsuit against Fox turned on a cellphone signaling betwixt Fox and a client. Fox had reached retired to archer the antheral that another client of hers had been nether constabulary surveillance for alleged cause trafficking and that hunt warrants would beryllium executed, Pfefferle said.

A transcript of the Oct. 21, 2019, telephone was portion of the 2022 Court of King's Bench determination pursuing Fox's archetypal trial. 

"She has been nether surveillance," Fox said connected the telephone to her client, referring to different client. "Um, you should cognize what that means."

Police alleged that amounted to Fox advising the antheral to destruct evidence.

At her archetypal trial, tribunal heard that constabulary had stopped listening 20 seconds into the call, aft Fox had introduced herself arsenic a lawyer, due to the fact that they had to respect solicitor-client privilege. 

Justice Michael Tochor issued a fiat connected Dec. 21, 2020, successful which helium declared the archetypal 2 minutes and 25 seconds of the telephone were not taxable to solicitor-client privilege and could beryllium released to the police. The remaining 4 minutes and 15 seconds were recovered to beryllium taxable to solicitor-client privilege and were to stay sealed.

Tochor provided written reasons for his determination connected privilege, which helium ordered sealed. 

Left with prime to 'give it up oregon else': defence

Pfefferle said the determination to let portion of the telephone into grounds placed Fox successful an untenable position. She could not talk to the afloat telephone with her client, due to the fact that that would person breached her nonrecreational oath to respect confidentiality.

"She's being forced to either spell to warfare with her client, oregon enactment herself connected the enactment without the afloat truth," helium said.

"The constabulary are saying, 'We've got one-third of the conversation. The different two-thirds — springiness it up oregon else.'"

The proceedings justice agreed and acquitted Fox. The Crown appealed and, though she won astatine the Court of Appeal, 1 of the 3 justices dissented, opening the doorway for the Supreme Court to see the case.

In summation to Pfefferle, the Supreme Court besides heard from a fig of groups granted intervener status, including the attorneys general of Alberta and Ontario, the Canadian Civil Liberties Association and the national manager of nationalist prosecutions.

The Supreme Court has reserved its decision, and did not acceptable a day for delivering it.