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Simon Shields, LLB

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Since 2005

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Civil Procedure - Discovery of Crown Criminal Evidence

Evidence - Civil - No Immunity from Disclosure of Crown Criminal Evidence

Imperial Oil v Jacques (SCC, 2014)

In this Quebec case the Supreme Court of Canada held that investigative evidence obtained by the Crown (here the Competition Bureau) for use in criminal proceedings was not by it's nature immune from third party civil discovery procedures, though adequate protections had to be ordered to ensure that it remained confidential amongst the counsel of the civil parties. While the court speaks broadly of the public interest principles underpinning it's decision, and accepts that the Criminal Code allows such disclosure, the case must still be reviewed carefully for it's application under other provincial civil disclosure regimes.
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