The Public Safety Exception to Solicitor-Client Privilege: Smith v. Jones

This case comment reviews and analyzes the Supreme Court of Canada's 1999 case on solicitor-client privilege known under the pseudonym Smith v. Jones. In this case, the Supreme Court of Canada recognized a public safety exception to this privilege in cases of clear, serious and imminent danger. In so doing, the Canadian Court drew upon the California Supreme Court's Tarasoff decision imposing a duty to warn in tort on doctors regarding dangerous patients. The case comment reveals numerous problematic aspects to the Supreme Court's decision and concludes that it raises more questions than it answers.