Law 3101A/B Lecture Notes - Lecture 10: Fiduciary, Health Professional, Fertility Clinic
4 Apr 2016
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Since these disclosures are not made willingly, they do not constitute breaches of confidentiality: eg. must call child services if dad says he"s beating kid, most people think it means silence it doesn"t. If you promise confidentiality, explain it: a confidentiality obligation arises in any situation that creates a reasonable expectation of privacy. The privilege is the client"s and cannot be waived by the lawyer: privilege does not apply to physical evidence and statements which are themselves illegal or are made in furtherance of a crime. Eg. bernardo: solicitor/client privilege is not absolute. Chapter x: recap: the legal concept of confidentiality, the sources of confidentiality obligations and the consequences of breaching them, explaining and limiting confidentiality, the legal concept of privilege, solicitor/client and other common law categories of privilege. Common law privilege granted on a case-by-case basis: waiver of privilege, provincial statutory privileging provisions, federal statutory privileging provisions, r. v. o"connor, criminal code sexual assault privileging provisions.
