Maintaining Privilege In Internal Investigations

In this segment of our Focus on Investigations series, we consider how to set up an investigation while maintaining privilege, and discuss the scope and limits of privilege in investigations.

What is privilege?

Privilege is one of the central issues in an investigation. From the beginning to the end of an investigation, there must be continuous and ongoing consideration of the application of privilege.

Generally, privilege is a limited exception to the principle that everything relevant should be adduced in a legal proceeding and should be available for consideration and disclosure. The two kinds of privilege that come up most often in Canadian investigations are solicitor client privilege and litigation privilege.