Capsules 23-25: Privileges and Immunities

Capsules 23-25 cover an array of privileges and immunities, some in greater detail than others.  Capsule 23 examines the most important privilege in the legal system: legal advice (lawyer-client) privilege.  Capsule 24A looks at litigation privilege, while 24B considers settlement communications.  Capsule 25A looks briefly at an array of “other” privileges, while Capsule 25B examines the law governing the competence of an accused, while providing a few words about the now repealed rules governing spouses.

In addition to these capsules, I’ve created a Supplemental Evidence Capsule (which means that it’s not required – only recommended) for my Evidence students, on Spousal Communications Privilege.

As always, a few caveats!

  1. Needless to say, this is not legal advice.  It is designed to provide introductory explanations of certain topics in the law of evidence.
  2. These materials were designed for my students taking part in the Flipped Classroom – as such they are NOT supposed to be comprehensive or exhaustive of the subject.
  3. They were made with time constraints in mind.  There are errors throughout, and though I feel confident about the product generally, I did not attempt to correct every mistake made.  The goal was to put a good product together in a short period of time.
  4. Often, in the interests of time, certain points are generalized.  This doesn’t mean they’re “wrong”, but nuances are often fleshed out in the course materials or in class.  Rather than include caveats with every sentence, I sometimes make broad generalizations even though I’m aware there might be exceptions that can occasionally arise.  Again, the goal is to promote a generalized understanding that provides a platform for deeper learning.
  5. I will heartily disavow any attempt to rely upon these in conflict with another Professor, judge, lawyer, etc.  Thus, anyone who says “yes, but Professor Sankoff said X”… will receive no support from me!  Especially where exams are concerned, it is always good practice to follow your Professor’s view of the law.  If this material helps you, by all means use it, but do so with care.

Capsule 23 – Legal Advice Privilege

To learn more about legal advice privilege, check out these video blogs: 1) examining the problem of State of Mind Waiver; 2) considering when communications to a third party are protected by legal advice privilege.

Capsule 24A – Litigation Privilege

This capsule was revised in January 2017 to include the Supreme Court of Canada’s decision in Lizotte v Aviva Insurance, 2016 SCC 52.

To learn more about litigation privilege, check out these video blogs: one on an important decision from British Columbia, and a second about the Supreme Court’s decision in Lizotte v Aviva Insurance.

Capsule 24B – Settlement Privilege

Capsule 25A – Privileges and Immunities

Capsule 25B –  The Accused in a Criminal Prosecution (and a few words on Spousal Competence)

This material has taken considerable time and effort to produce.  I ask only two things in return.  First, if you like these capsules – pass them on.  The primary objective here is to share a deeper understanding for the subject area I love most.  Second, if any of this was in any way useful, I urge you to let me know.  A short note at would really make my day!

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