Is litigation privilege applicable to Crown counsel in the course of the prosecution?
British Columbia, Canada
The following excerpt is from British Columbia (Attorney General) v. Davies, 2009 BCCA 337 (CanLII):
Equally, litigation privilege will be applicable to the work of Crown counsel in the course of a prosecution. Where, however, as here, there has been a final decision not to undertake or continue a prosecution, litigation privilege ceases to exist: see Blank v. Canada (Minister of Justice), 2006 SCC 39, [2006] 2 S.C.R. 319.
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