More than 11 hours of conversations between a suspect in the 'Surrey Six' slayings and his lawyer were recorded, allegedly by accident.
The revelation came in a constitutional challenge launched by Jamie Bacon to try and improve his jail conditions.
Bacon, who authorities have identified as the leader of the Red Scorpion gang, is accused of helping to orchestrate the October 2007 killings.
The judge hearing the case has demanded a full explanation from the Crown when the matter returns to court next Wednesday.
Legal experts say any breach of solicitor-client privilege is extremely serious.
"If in the course of my duties as a lawyer it came to my attention that my conversations with my client were deliberately -- I emphasize deliberately -- taped, I would be very annoyed. It would be a very serious matter and I would pursue all available remedies of law on behalf of my client," Ravi Hira, a criminal lawyer, told CTV News.
Bacon's lawyer told CTV News Friday that she is not asking at this time for any of his criminal charges be thrown out as a result of the incident, but that could change.
With files from CTV British Columbia's Stephen Smart