Sept. 23, 2019
Professors published in new book on evidential privileges
Professors Howard Kislowicz and Lisa Silver have published chapters in Perspectives on Evidentiary Privileges.
Perspectives on Evidentiary Privileges is the first Canadian resource that examines emerging doctrinal and policy issues concerning evidential privileges. Howard's chapter is titled "Religious Communications Privilege," and it examines...
Lisa's chapter is titled "The Ultimate Creation Story: The Confidential Informantas a Creation of Law," and takes the reader through the labyrinth of informer privilege to find a more flexible, modern and principled approach to the creation of this kind of legal status. It is in this ultimate creation story of Named Person A, we come to understand the need for a re-write in the law of informer privilege.
Howie's chapter is titled "Religious Communications Privilege" and makes three claims in considering how the law has been applied. First, there has been no reported case in which the privilege is successfully relied upon to exclude evidence, suggesting that the test is difficult, if not impossible, to meet. Second, there is at least some evidence that there are additional burdens faced by religious individuals and communities whose religious tradition is less familiar to courts. Third, the cases in which the privilege is invoked may also prompt us to think more creatively about how state law might respond to the recognition that religion can be a source of law for individuals and communities.