Protecting information contained in an email, information that falls under the right to confidentiality, is no easy task. You simply can't store an email in a double-locked filling cabinet – although digital, it will always leave traces.

That being said, and however information technologies evolve, every professional remains bound by an obligation of confidentiality in respect to certain information/documents. Further, confidentiality is not only an ethical duty, but also a fundamental right protected by the Charters.

Even if there is no sure-fire way to protect solicitor-client privilege, some preventive measures can and should nonetheless be put in place, notably to minimize the involuntary waiver of the privilege. 

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.