What is the absolute necessity of an absolute disclosure of confidential documents?
British Columbia, Canada
The following excerpt is from Ilczaszyn v Association of Registered Nurses of British Columbia, 2017 BCSC 1260 (CanLII):
Absolute necessity is as restrictive a test as may be formulated short of an absolute prohibition in every case. The circumstances in which the test has been met exemplify its restrictive nature. In Solosky v. The Queen, 1979 CanLII 9 (SCC), [1980] 1 S.C.R. 821, at p. 841, for example, it was found that subject to strict safeguards, mail received by an inmate at a penitentiary could be inspected to maintain the safety and security of the penitentiary. Similarly, in McClure, it was found that documents subject to privilege could be disclosed where there was a genuine danger of wrongful conviction because the information was not available from other sources and the accused could not otherwise raise a reasonable doubt as to his guilt.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is confidentiality an obligation of a lawyer to keep confidential all communications between lawyers and clients confidential? (British Columbia, Canada)
What is the state of the law on confidentiality of confidential documents? (British Columbia, Canada)
What is the test for producing documents containing confidential and commercially confidential information? (British Columbia, Canada)
What is the test for privilege over the disclosure of confidential documents? (British Columbia, Canada)
Is there any case law where a party who has not made full disclosure to a court has to prove to the court that there has been full disclosure? (British Columbia, Canada)
Is it necessary for counsel to describe documents in a way that would allow the other side to view the documents in the same way? (British Columbia, Canada)
Is there a presumption of necessity in determining whether there is an absolute need for the court to order a search and seizure of a person who is not a witness? (British Columbia, Canada)
In a personal injury action, has the court ever awarded special costs for non-disclosure of documents? (British Columbia, Canada)
Can a court order that a party provide an affidavit verifying its list of documents when in the absence of any adequate explanation, relevant documents have been omitted from the list? (British Columbia, Canada)
Is there any case law where disclosure of settlement documents is privileged? (British Columbia, Canada)
