Health Sciences 3101A/B Chapter Notes - Chapter 10: Double Bind, Fiduciary, Miscarriage

• School: Western University
• Department: Health Sciences
• Course: Health Sciences 3101A/B
• Professor: Robert Solomon

Document Summary

If a person discloses a privileged communication to a third party, the privilege will be viewed as being waived. Inadvertent disclosure of communication will not constitute a waiver of privilege: failure to formally request privilege does not constitute a waiver. Court had to balance victims right to privacy and equality with the accused charter rights. Accused must apply for disclosure of the record. Hearing conducted, accused must convince judge that disclosure is (cid:862)(cid:374)e(cid:272)essa(cid:396)y i(cid:374) the i(cid:374)te(cid:396)est of justi(cid:272)e(cid:863) Judge must consider accused right to make full answer and defense, and the victims privacy. Must balance the issues and decide if record should be disclosed in court. If the record is disclosed in court, judge must disclose whether it should be disclosed to the defense which has the same test as disclosure for court. Judge will have reviewed the record, and may put limits or conditions.