Privilege

Front 1

Privilege

Back 1

communicated information that is unavailable to the trier of fact.

Front 2

Privilege by class

Back 2

based on the relationship between the communicator of information and the recipient

Front 3

privilege by case

Back 3

extended to communication on a case- by case basis

Front 4

Public Safety - duty to warn intended victims

Back 4

1. the risk is to a clearly identifiable person or group

2. the risk of harm includes severe bodily injury, health or serious psychological harm

3. the risk is imminent

Front 5

solicitor client privilege

Back 5

1. are of confidential nature

2. seeking, forming or giving legal advice

3. not criminal in themselves and do not facilitate criminal activity

Front 6

test for innocence at stake

threshold test

Back 6

1. threshold test a) accused must establish that there is no other source for the exonerating information B) accused must establish that he would otherwise be unable to raise a reasonable doubt

Front 7

test for innocence at stake

two part test

Back 7

two part test :a) accused must establish that communication exist that could raise a reasonable doubt regarding his guiltb) if accused established that such communications exist, the judge will examine them to determine if they are likely to raise a reasonable doubt

Front 8

litigation privilege

Back 8

1. applies to communications between a lawyer or law firm and 3rd parties

2. litigation must have been commenced or anticipated at time of communication

3. dominate purpose of the communication is to assist in the litigation

Front 9

settlement negotiation

Back 9

protects both sides from having sensitive information about settlement discussions reveled to the court - without prejudice

Front 10

other forms of privilege by class

Back 10

1. government privilege or public interest immunity

2. national security matters

3.informants

4. spousal privilege

5. judges privilege

Front 11

Privilege by case - wigmore criteria

Back 11

1. must have communicated in confidence that they will not be disclosed

2. the element of confidentially must be essential to the full and satisfactory maintenance of the relationship between the parties

3.the relation must be one which in the opinion of the community ought to be sedulously fostered.

4. the injury that would inure the reaction by the disclosure of the communications must be greater than the benefit thereby gained for the correct disposal of litigation

Front 12

realtionships not protected by class

Back 12

doctor and patient

- doctors must take steps to warn an intended victim or the authorities but only enough necessary to protect the potential victim

Religious leader and adhert

-must meet wigmore test on a case by case basis

complainant and another party criminal

- keep records private

reporting of sexual assaults

-encouraging seek treatment

- impact of the decision on the integrity of the trial process

Front 13

Complainant and another party

2 step records discoverable

Back 13

1. accused must establish that the info is " likely to be relevant" if met, the info is given to the judge

2, if 1st met, trial judge reviews the records and determines if and what degree the records will be produced.

Front 14

Confidentiality vs privilege

Back 14

P- evidentiary rule of law that refers to the legal right of an individual to withhold info.

C- broader principle, covers all info obtained by a lawyer or paralegal during the course and purpose of the retainer

all privilege info is also confidential