to the corporation and demonstrates the importance of standing up to aggressive regulators in the face of potential and actual prosecution," wrote Keith. "This decision validates solicitor-client privilege, the protection provided to internal investi- gations are intended to obtain legal advice, and secure information for potential litiga- tion. The case also identifies the value of in-house counsel during such investiga- tions. "These lessons apply not only to
Occupational Health and Safety Act inves- tigations by the Ministry of Labour, but to Ministry of Environment investigations, and other regulatory authorities who, in their enthusiasm to investigate, may cross the line from a good faith investigation to a breach of the Charter." Cases like Bruce Power serve as a
reminder of how privilege can be used, especially, as Keith said in the face of "aggressive regulators." It also shows the value of thinking about privilege as part of
actions and not trying to use the defence in response to them. "Lawyers having privilege is a tremendous privilege in itself, and it's easy to lose, it is very easy to lose," Dhawan says. "The consequences of losing it can be very significant and we are very protective of how we operate in making sure that the right protocol is followed and privilege is always protected. It becomes part of your subconscious that this is something that needs to be dealt with every time you take on a new issue." IH
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