Privilege

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Introduction

Privilege protects certain information from being revealed by a witness while testifying in court.

Any privileged information obtained by wiretap is inadmissible and remains privileged.[1]

Any common law privilege, including settlement privilege and solicitor-client privilege, cannot be abrogated by legislation without "clear and explicit statutory language".[2]

  1. see s. 189(6)
  2. Liquor Control Board of Ontario v. Magnotta Winery Corporation, 2010 ONCA 681 (CanLII), per Gillese JA, at para 38

Types of Privilege