What is the legal test for obtaining access to electronic communications between spouses?
British Columbia, Canada
The following excerpt is from R. v. Lee, 2001 BCSC 1896 (CanLII):
It is clear that a privilege attaches to marital communications such that unless the party to whom the communication is made consents to its admission it is inadmissible. That proscription survives an authorization to intercept the private communications of spouses by virtue of Section 189(6) of the Criminal Code of Canada. See Lloyd and Lloyd v. The Queen 1981 CanLII 219 (SCC), [1981] 64 CCC, 2nd, 169.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a spouse entitled to a spouse's pension as a capital asset as a result of the other spouse’s absence of other assets in favour of the pension? (British Columbia, Canada)
Can a party obtain access to a searchable searchable document without obtaining permission from the owner? (British Columbia, Canada)
Is a lawyer’s client entitled to have all communications made with a view to obtaining legal advice kept confidential? (British Columbia, Canada)
What is the privilege of obtaining privileged communications that were obtained in order to facilitate a crime or fraud? (British Columbia, Canada)
Is it a fundamental civil and legal right to communicate in confidence with one's legal advisor? (British Columbia, Canada)
What is the legal test for obtaining a search warrant from a court in Canada for the purpose of obtaining assistance from a foreign state? (British Columbia, Canada)
Does solicitor-client privilege apply to communications made with a view to obtaining legal advice? (British Columbia, Canada)
Is there any case law in which a spouse has been granted a reapportionment in favour of their spouse to allow them to retrain to work? (British Columbia, Canada)
What is the difference between the contributions made by spouses to the acquisition, preservation and maintenance of property by one spouse and the other? (British Columbia, Canada)
What is the effect of obtaining independent legal advice at the time of negotiation of a marriage agreement? (British Columbia, Canada)
