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Boakye v. Canada ( Minister of Employment and Immigration )

A-652-91

Mahoney J.A.

26/1/93

3 pp.

Solicitor-client privilege-Citizenship and Immigration-S. 28 application to set aside finding by credible basis tribunal applicant not Convention refugee-Applicant's solicitor testifying as to quality of translation at examination under oath-Applicant submitting solicitor's evidence inadmissible on ground of solicitor/client privilege-Evidence not relating to anything subject to solicitor/client privilege-Tribunal's decision not falling under Federal Court Act, s. 18.1(4)-Case to be distinguished from Bell et al. v. Smith et al., [1968] S.C.R. 664 where those present when privilege said breached were judge, lawyers in chambers in client's absence-Application dismissed-Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1(4) (as enacted by S.C. 1990, c. 8, s. 5).

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