Privilege: Difference between revisions
No edit summary |
|||
| Line 9: | Line 9: | ||
Any common law privilege, including settlement privilege and solicitor-client privilege, cannot be abrogated by legislation without "clear and explicit statutory language".<ref> | Any common law privilege, including settlement privilege and solicitor-client privilege, cannot be abrogated by legislation without "clear and explicit statutory language".<ref> | ||
Liquor Control Board of Ontario v. Magnotta Winery Corporation, [http://canlii.ca/t/2d05p 2010 ONCA 681] (CanLII) | Liquor Control Board of Ontario v. Magnotta Winery Corporation, [http://canlii.ca/t/2d05p 2010 ONCA 681] (CanLII){{perONCA|Gillese JA}}, at para 38 | ||
</ref> | </ref> | ||
Revision as of 23:48, 28 November 2018
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]
- ↑
see s. 189(6)
- ↑ Liquor Control Board of Ontario v. Magnotta Winery Corporation, 2010 ONCA 681 (CanLII), per Gillese JA, at para 38
Types of Privilege
- Solicitor Client Privilege
- Litigation Privilege (also called "Work Product Privilege")
- Settlement Privilege
- Informer Privilege
- Public Interest Privilege
- Spousal Privilege
- Case-by-Case Privilege (includes Journalist sources)