(Canadian Supreme Court) The issue was whether the communications between the Defendant, who was accused of murder, and her pastor were protected by common law privilege or under the Canadian Bill of Rights.
Held: The Court not apply a strict approach to what was a confession, but looked at all the relevant circumstances and apply what is known in Canada as the Wigmore criteria: ‘1. The communications must originate in a confidence that they will not be disclosed.
2. This element of confidentiality must be essential to the full and satisfactory maintenance of the relation 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 to the relation by the disclosure of the communications must be greater than the benefit thereby gained for the correct disposal of litigation.’
Citations:
[1991] 3 RCS 263
Jurisdiction:
Canada
Cited by:
Cited – Lancashire County Council v E and F FD 4-Feb-2020
The court heard an application to set aside a witness summons, raising an important issue about the circumstances in which disclosure can be resisted on grounds of a religious duty of confidentiality, in the context of allegations of child sexual . .
Lists of cited by and citing cases may be incomplete.
Constitutional, Criminal Practice
Updated: 25 October 2022; Ref: scu.648630
