Privilege: Difference between revisions
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Any common law privilege, including settlement privilege and solicitor-client privilege, cannot be abrogated by legislation without "clear and explicit statutory language" | Any common law privilege, including settlement privilege and solicitor-client privilege, cannot be abrogated by legislation without "clear and explicit statutory language."<ref> | ||
{{CanLIIRPC|Liquor Control Board of Ontario v Magnotta Winery Corporation|2d05p|2010 ONCA 681 (CanLII)|325 DLR (4th) 33}}{{perONCA|Gillese JA}}{{atL|2d05p|38}} | {{CanLIIRPC|Liquor Control Board of Ontario v Magnotta Winery Corporation|2d05p|2010 ONCA 681 (CanLII)|325 DLR (4th) 33}}{{perONCA|Gillese JA}}{{atL|2d05p|38}} | ||
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Revision as of 14:40, 6 January 2024
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), 325 DLR (4th) 33, 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)
- Judicial Privilege