A British Columbia regulator settled rather than defend its access to private and solicitor-client privileged communications, leaving constitutional questions about the scope of regulatory powers unanswered.

The BC Court of Appeal ruled the Charter does not apply to evidence secured through foreign police forces, a constitutional question now heading to the Supreme Court of Canada.

International cooperation in investigations and law enforcement have become commonplace, but this case raises and important question: are adequate measures in place to protect the constitutional rights of Canadian citizens impacted by them?

Integrating “criminal defence, regulatory strategy, and institutional crisis management to address risk across multiple forums” is all in a day’s work for one Canadian Fellow.