Privilege

From Criminal Law Notebook

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