Mr. Chair, the government does not support this amendment.
The law of privilege, as Madam PĂ©clet will know, applies to the content of communications between a lawyer and a client. Such communications can be obtained when a general production order is obtained, hence the clear reference to the possibility for a justice or judge to apply a condition to protect solicitor-client privilege in that context.
Although a judge is technically not prevented from opposing such a condition, it is difficult to find situations in which such a privilege would apply, particularly in respect to preservation orders, as they do not provide for access to any type of data. On that basis we will not be supporting the amendment.
(Amendment negatived [See Minutes of Proceedings])