Privilege: Difference between revisions

From Criminal Law Notebook
Tag: wikieditor
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* [[Spousal Immunity|Spousal Privilege]]
* [[Spousal Immunity|Spousal Privilege]]
* [[Case-by-Case Privilege]] (includes Journalist sources)
* [[Case-by-Case Privilege]] (includes Journalist sources)
* [[Role_of_the_Trial_Judge#Judicial_Privilege|Judicial Privilege]]

Revision as of 12:43, 29 November 2023

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), 325 DLR (4th) 33, per Gillese JA, at para 38

Types of Privilege