Wednesday, October 31, 2012

Plea negotiations are generally privileged

R. v. Zarinchang, 2010 ONCA 286 holds:

[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.