Deemed or Implied Undertaking, Privilege Flashcards
What is an implied undertaking
Court not to disclose or use discovery information for any purpose other than litigation
What is the purpose of an implied or deemed undertaking
Efficient litgation and protecting privacy
What are the facts of Juman v Doucette?
Child sustained injuries in the care of Juman. There was a subsequent criminal investigation by the police.
What is the issue in Juman v Doucette
The AG is arguing that there is no implied undertaking rule in BC and if there was, there would be an exception for criminal investigations. The Court is tasked with deciding whether or not there exists this rule and what exceptions there may be if it does exist.
What was the finding in Juman v Doucette?
Yes, BC had an implied undertaking rule and there was no Criminal Exception
When did the Court in Juman v Doucette find that there would be a exception to the Impied Undertaking rule?
When the public interest outweighs the privacy interests and efficiency values that the impied undertaking rule protects. This can be in cases of Statutory Exceptions, Public Safety or Impeaching Inconsistent Testimony
What is privilege?
Court cannot compel its disclosure for something confidential
What are the 3/4 classes of privilege?
Solicitor Client, Litigation, Settlement, Case by Case
When does the solicitor client privilege arise? What does it mean?
Lawyer Client Privilege when giving legal advice. It means the Court cannot compel a lawyer to disclose what their client has said to them and has connection to the right to counsel and the right to fundamental justice.
What are the common law exceptions to solicitor client privilege?
Innocence at Stake, Criminal Purpose, Public Safety
What is Alberta v Calgary about?
Facts: wrongful termination and Privacy Commissioner compelling the University of Calgary to produce solicitor-client privileged documents.
This is a hallmark case about the importance of soicitor-client privlege and the requirement for legislated exceptions to this privilege to be clearly and expressly stated and not infered.
