Respondents In Conspiracy Prosecution Have Right To Information Obtained Under Competition Bureau's Immunity And Leniency Programs

On February 4, 2015, the Ontario Superior Court of Justice ruled that neither solicitor-client nor settlement privilege prevented the disclosure to accused persons of relevant factual information provided to the Crown by applicants under the Competition Bureau's cartel Immunity and Leniency Programs. In arriving at this conclusion, the Court found the following:

• Any solicitor-client privilege that may attach to information gathered by counsel to an immunity or leniency applicant is waived once that information is disclosed to the Bureau and the Crown (being adverse parties) in return for immunity or leniency.
• Settlement privilege does not attach to information provided by an immunity or leniency applicant to the Crown, as such information is provided by the applicant with the clear knowledge that the Crown will use such information to prosecute other alleged wrongdoers, including by calling the immunity or leniency applicant to give evidence at trial.