96Disclosure for the purpose of seeking review or legal advice

96 Disclosure for the purpose of seeking review or legal advice

(1) A person does not commit an offence against subsection 92(2) or 94(5) by disclosing information if the disclosure is made for the purposes of seeking review, under Part 5 of this Chapter or any other applicable law, of: (a) the direction referred to in paragraph 92(1)(b) or subsection 94(4); or (b) a decision made in relation to the direction. (2) A person does not commit an offence against subsection 92(2) or 94(5) by disclosing information if: (a) the disclosure is to the person’s lawyer; and (b) the purpose of the person making the disclosure is for the lawyer to provide legal advice, or another legal service, in relation to the direction referred to in paragraph 92(1)(b) or subsection 94(4).

Note 1: Subsections 92(2) and 94(5) create offences for disclosing information that is contained in a notice and is subject to conditions relating to disclosure.

Note 2: A defendant bears an evidential burden in relation to the matters in subsection (1) or (2) of this section (see subsection 13.3(3) of the Criminal Code).