Does litigation privilege need to be replaced with an obligation to disclose for the accused to make full answer and defence?
British Columbia, Canada
The following excerpt is from R. v. Belcourt, 2012 BCSC 737 (CanLII):
I reach this conclusion because litigation privilege always gives way, if necessary, to an obligation to disclose for the accused to make full answer and defence. A review of Blank v. Canada (Minister of Justice), 2006 SCC 39, provides the necessary support. Accordingly, the constitutional rights of an accused are adequately protected without running a risk of prematurely terminating the privilege.
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