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The Law of Privilege in Canada
By: Robert W. Hubbard, B.A., (Hon.), M.A., LL.B, LSM, The Hon. Justice Susan Magotiaux, Suzanne M. Duncan, B.A., LL.B., LL.M
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The Law of Privilege in Canada is a comprehensive guide to privilege and confidentiality. It will help you understand privilege laws and how to use them. Written in clear language, it explains everything you need to know about privilege laws, including:
  • History and purpose
  • The principles
  • The various privileges, how each currently operates, and their scope
  • A detailed look at the major cases and relevant legislation
  • Practical explanations of how to invoke the privilege
  • Exemptions and exceptions to privilege
  • The "key points" on each type of privilege in an at-a-glance format
  • New chapter on Press Privilege
This resource keeps you current and includes the most relevant case law. The book is divided into self-contained chapters on different privileges for quick researching.
About the Author
Robert W. Hubbard, B.A., (Hon.), M.A., LL.B., LSM, is presently Crown Counsel for the Ministry of the Attorney General for Ontario. Previously, Mr. Hubbard was Senior General Counsel and Appeals Co-ordinator with the Federal Department of Justice (Ontario Regional Office). Called to the Ontario Bar in 1977, he has appeared as counsel at all levels of court. He has provided numerous lectures and seminars to the profession. Mr. Hubbard has published a number of articles in the area of criminal law and is a regular contributor to the Criminal Law Quarterly and co-author of Wiretapping and other Electronic Surveillance: Law and Procedure and The Law of Privilege in Canada (Canada Law Book).

The Hon. Justice Susan Magotiaux was appointed as a Justice in the Ontario Court of Justice in Oshawa, Ontario, in December 2018. From 2002 - 2018, she worked as Crown Counsel at the Crown Law Office Criminal, arguing numerous appeals at the Court of Appeal for Ontario and the Supreme Court of Canada, and  prosecuting cases at the Ontario Court of Justice and Superior Court of Justice. She also served as the head of the Electronic Surveillance Unit for the Ministry of the Attorney General, and provided frequent advice to police and continuing education on matters of search and seizure, informer privilege, cybercrime, national security and Internet Child Exploitation. Justice Magotiaux is a co-author of Digital Evidence: A Practitioner’s Handbook with Gerald Chan, and the monthly Police Powers Newsletter (Thomson Reuters), with Justice Michelle Fuerst and Scott Fenton.

Suzanne M. Duncan, B.A., LL.B., LL.M., is general counsel in Whitehorse in the Yukon Office of the Northern Region of Justice Canada. From 2001-2005, she practised in the Toronto office of Justice Canada. She was called to the Bar of Ontario in 1987 and the Yukon Bar in 2004. She has represented numerous government departments and agencies such as the RCMP, Health Canada, Corrections Canada, Agriculture Canada, Aboriginal Affairs and Northern Development Canada, in civil litigation matters. Before joining the Federal Department of Justice, Ms. Duncan worked for 15 years in private practice, in the areas of civil litigation, labour and employment and immigration. She has taught an advocacy course to articling students at the Department of Justice and regularly provides seminars and lectures to the profession.