Plea negotiations are generally privileged

R. v. Zarinchang, 2010 ONCA 286 was released today. The case broadly deals with a stay of prosecution for a delay in a bail hearing. In passing the Court made a significant statement about plea negotiations. The Court held:

[28]         We pause to note that plea negotiations are generally privileged in the sense that the information disclosed will not be used against the accused, although there may be exceptions: R. v. Bernardo, [1994] O.J. No. 1718 (S.C.).  It may be that an exception applies where the negotiations are adduced to rebut an allegation of prejudice at the hands of the Crown.  However, we make no further comment as this issue was not addressed by either party.