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Recent Developments in the Law of Privilege: R. v. Littlechild

1981; University of Alberta Library; Linguagem: Inglês

10.29173/alr1841

1925-8356

Mavis Coxon Hawkeye,

Criminal Law and Evidence

the Court of Appeal of Alberta handed down the decision in the case of R. v. Littlechild. 1 Tliis decision is indicative of a new trend in judicial thought which, if it continues, will have far reaching effects on the law of privilege in general and on professional communications in particular. A. Factual HistoryDanny Littlechild fraudulently obtained $31,000 from his employer's accounts.As a result, in March 1978, he was charged with and subsequently pleaded ,nrilty to two counts of "using a cheque knowing it to have been forged".Some of the money had been taken in cash and travellers' cheques.The remainder was deposited in his account at the Royal Bank in Wetaskiwin and fa his wife's chequing account at the Toronto-Dominion Bank in the same city.Upon notification of the charges against Littlechild, the Toronto-Dominion Bank placed a "freeze" on his savings-chequing account, into which no forgery proceeds had been placed, as well as on Mrs. Littlechild's chequing account.This was a source of some difficulty to the Littlechilds as it p_!"evented access to the funds which were in the bank prior to the forgeries.They consulted a solicitor, who arranged to have Mrs.Littlechild's account "unfrozen" and the :eroceeds of the forgeries contained in it placed into a separate "suspended 'account.Littlechild subsequently contacted the solicitor about gaining access to his savings-chequing account.Littlechild testified that the solicitor told him that he would be notified by telephone if any problem arose in connection with "unfreezing" the account.The Deputy Clerk of the Court/Deputy Sheriff for the Judicial District of Wetaskiwin, acting ~s an interviewer for the Alberta Legal Aid Society, interviewed Littlechild on June 28, 1978 regarding his application for legal aid.During the course of this interview Littlechild explained that he lacked sufficient funds to provide for a defence on the forgery charges, his bank accounts having been "frozen" ~ending the litigation.He then completed and signed the Legal Aid Society s standard application form.On July 27th and 28th of 1978, Littlechild