Is there an implied undertaking of confidentiality associated with statements given in other proceedings?

63. Although it was not argued here, there is an implied undertaking of confidentiality associated with statements given in other proceedings. This implied undertaking is based on the public interest in protecting an examinee’s privacy interest. An examinee that has been compelled to give evidence or produce documents in one proceeding, should not normally have to face those documents in a subsequent proceeding. This is a form of common-law privilege and is codified in some jurisdictions. It prohibits the use of documents or testimony in one proceeding in a subsequent proceeding. Whether this implied undertaking has any application depends on a number of factors including the importance of the witness’ privacy interests in relation to the issue being litigated in the subsequent proceedings (see Juman v. Doucette, 2008 SCC 8 at para 41).