Privilege

From Criminal Law Notebook
Revision as of 21:36, 11 August 2019 by Admin (talk | contribs)

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 http://canlii.ca/t/2d05p

Types of Privilege