Finance committee  I disagree, first of all.

Finance committee  I will tell you why I disagree. The courts have the ability to extend privilege on a case-by-case basis, where the circumstances suggest that it's appropriate. Unfortunately, in Canada, based on, I guess, the evidence before them, the courts have held to date that no privilege should exist in those communications.

Finance committee  I believe so, yes.

Finance committee  The enactments that have occurred in other countries have occurred sporadically over time. Some of the amendments in the U.K., I believe, were in the 1990s, and in Australia and New Zealand a little later. The United States is currently studying this, because with the number of states involved and the complexity of their union, they need to understand it.

Finance committee  From my perspective a smaller business is more likely to have a single patent they are relying upon to protect the innovation that's securing their future. It's important that whatever protection the small business has sought to obtain is going to be effective and not be undermined by the very discussions that were necessary to seek the advice to get that patent in the first place.

Finance committee  I have asked that question myself. I think part of it is that it's a relatively nuanced subject. It's taken some time to discuss with officials and with members of Parliament, for example, to educate them on the issue and why it's important. It just takes a bit of time, I think, on some topics, such as intellectual property, to get people comfortable with the subject matter and have them understand fully the situation.

Finance committee  I don't believe there has been a failing. I believe that the associations that represent lawyers, as well as the associations that represent the various law societies, have been consulted. There has been in-depth study. They've had the opportunity to provide their input. I believe the government has acted appropriately in putting protections in place now to protect the clients of those advisers in the appropriate manner.

Finance committee  I've had an opportunity to read the Law Society's letter. It reflects positions that were put forward in 2004, as well as in 2013. They're the same arguments that have been presented over the last decade. I don't believe it sets an appropriate precedent. In fact, it recognizes the need for legislative enactment to extend privilege in an appropriate manner.

Finance committee  Sure, I'll give it a try. Today, if your client were to seek advice from an IP adviser, the discussions necessary for them to determine the type of protection that the company wishes to obtain and how to craft their intellectual property rights—their patents, for example—may all be disclosed.

Finance committee  I'm not aware of everyone who was consulted in connection with these changes, but I do know that the associations; the law societies, the Federation of Law Societies, for example; the Canadian Bar Association; and others that have an interest in these were consulted and had an opportunity to provide input, as did we.

Finance committee  We were, as were they, yes.

Finance committee  I have personally been in discussions with these associations—the law societies, the Federation of Law Societies, and the Canadian Bar Association—in my personal experience since as early as 2004. There's been a lot of debate and discussion and a number of opportunities for consultations where responses were provided, so I'm surprised at the suggestion that there has not been an opportunity to provide input.

Finance committee  Maybe I'm not understanding the question. I admit not knowing the entire process behind the development of legislation, but in my understanding, the concepts, which are relatively straightforward, have been discussed at length in the act. Consultations and opportunity to consult were provided at a number of intervals with respect to these types of changes, most recently in November 2013, when all those who were invited to submit had an opportunity to do so, as did we.

Finance committee  Absolutely. If you can appreciate, Canadian innovators are most likely to seek advice from Canadian intellectual property advisers. Therefore, without these changes, their communications are subject to being revealed in litigation in other counties. So it puts Canadian innovators at risk relative to innovators in other countries where these protections exist.

Finance committee  Yes. The institute that I represent represents agents and lawyers, who represent clients across the spectrum.