Health Sciences 2711A/B Chapter Notes - Chapter X: The Crowns, Double Bind, Fax

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If a police shows up at the door with a search warrant and you allow him to see confidential documents, you are not breaching confidentiality because you are not. Willingly disclosing information: however, disclosure may be required by search warrants, mandatory reporting obligations, etc. Part 2: general principles of privilege: the legal concept of privilege, (cid:862)p(cid:396)i(cid:448)ilege(cid:863) has se(cid:448)e(cid:396)al diffe(cid:396)e(cid:374)t legal (cid:373)ea(cid:374)i(cid:374)gs, absolute and qualified privilege refer to defences to liability in defamation. In the absence of privilege, a witness who fails to do so may be held in contempt of court. Those who have privilege can challenge a subpoena or other court order that demands disclosure of confidentiality. The privilege is the client"s and cannot be waived by the lawyer: privilege does not apply to physical evidence and statements which are themselves illegal or are made in furtherance of a crime, solicitor/client privilege is not absolute.

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