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Spousal Privilege

. R v Nguyen

In R v Nguyen (Ont CA, 2015) the Court of Appeal stated on spousal privilege:
[17] Section 4(3) of the CEA creates a spousal privilege in respect of marital communications. Section 4(3) of the CEA reads as follows:
4.(3) No husband is compellable to disclose any communication made to him by his wife during their marriage, and no wife is compellable to disclose any communication made to her by her husband during their marriage.
[18] As noted in Couture, at para. 41, spousal privilege
is testimonial in nature, giving a right to withhold evidence but the communications themselves are not privileged. The privilege belongs to the spouse receiving the communication and can be waived by him or her.


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