Dès qu'une revendication de privilège générique est invoqué par une personne quant à pareilles données contenues dans un support informatique, les policiers doivent alors cesser tout examen

R. v. Herritt, 2019 NSCA 92 

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[126]   The Court set out what Mr. Shah’s counsel suggested:

16  Counsel for Mr. Shah asserts that there is a possibility that the examination of the phone will result in a breach of solicitor-client privilege. However, without actually examining the records, counsel is unable to say whether that privilege does in fact arise. Defence counsel submits that a copy should be made of the contents of the phone and that copy should be provided to the defence before it is seen by the police or the Crown. If no privilege is asserted, that is the end of the matter and the police can proceed to examine the phone. If privilege is asserted with respect to any of the communications on the phone, a decision would then be made by the Court as to whether privilege is established.

[127]   Molloy J. agreed.  She reasoned that because of the acknowledged solicitor-client relationship between Mr. Shah and Mr. King, care had to be taken to ensure any privilege would be protected.  Hence, the phone should not be examined in first instance by the police or the Crown.  Instead, the Crown would engage an independent expert to make copies of the phone’s contents.  The defence would then have 30 days to advise the Crown and the Court whether solicitor-client privilege is asserted for any portion of the material on the phone.