I'm 15 and I'm having a baby with a man a few years out of the legal close-age range in Ontario, Canada. If I tell a lawyer this and ask them for advice, because I'm admitting to doing something illegal, can the Lawyer report it to the police?
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You're not doing anything illegal, as far as what you've written here. That's the first thing to understand. As far as the law is concerned, you're a victim of crime, whether or not you see yourself as consenting.
The second thing to understand is that there is a very high standard of confidentiality for lawyers (the professional ethical rule of confidentiality is, in fact, wider than solicitor-client privilege), and there are *very* narrow exceptions to this.
If you told me that you were having the child of a man more than five years your senior, that wouldn't be an exception at all. *However*, if you told me that you continued to have a sexual relationship with that man, I'd have to do some research to figure out my professional obligations under the circumstances. One of the exceptions set out for Ontario lawyers involves "imminent risk to an identifiable person or group of death or serious bodily harm, including serious psychological harm that substantially interferes with health or well-being". The easy example is that if you tell me that you're about to shoot your parents, I can call the police. Whether or not the legal victimization that you're experiencing fits that definition...
...reasonable people could disagree about that, I think.
in many circumstances, at the same time as chatting with the lawyer, that is maximum ideal to communicate honestly about at the same time as has got here about. All communications between a shopper and a lawyer are secure by technique of shopper/lawyer confidentiality. That being suggested, admitting to a criminal offense is thoroughly different, and your lawyer might want to legally reveal that training to the police or prosecutor... although that is a really sticky challenge.
Ideal scenario "No". There is a client - attorney privilege. The attorney cannot disclose what was discussed between you and him...
Solicitor–client privilege was initially a common law evidentiary principle similar to hearsay, but has since become recognized as a substantive rule that is constitutionally protected. This recognition began with R. v. Solosky (1979) where Justice Dickson, in tracing its history, regarded it as a "fundamental civil and legal right" that guaranteed clients a right to privacy in their communications with their lawyers even outside a courtroom.[6]
In R. v. McClure [2001] 1 S.C.R. 445, the Court found that solicitor–client privilege was a principle of fundamental justice, hinting that it may be protected under section 7 of the Charter.
In its general sense, Canada has adopted John Wigmore's definition of solicitor client privilege:
Where legal advice of any kind is sought from a professional legal adviser in his capacity as such, the communications relating to that purpose, made in confidence by the client, are at his instance permanently protected from disclosure by himself or by the legal adviser, except the protection be waived.[7]
Justice Lamer set out the test for solicitor–client privilege in Decoteaux v. Mierzwinski[8]:
1. The confidentiality of communications between solicitor and client may be raised in any circumstances where such communications are likely to be disclosed without the client's consent.
2. Unless the law provides otherwise, when and to the extent that the legitimate exercise of a right would interfere with another person's right to have his communications with his lawyer kept confidential, the resulting conflict should be resolved in favour of protecting the confidentiality.
3. When the law gives someone the authority to do something which, in the circumstances of the case, might interfere with that confidentiality, the decision to do so and the choice of means of exercising that authority should be determined with a view to not interfering with it except to the extent absolutely necessary in order to achieve the ends sought by the enabling legislation.
4. Acts providing otherwise in situations under paragraph 2 and enabling legislation referred to in paragraph 3 must be interpreted restrictively.
No, its not you that should be worried.