R. v. Nestle Canada Inc.: Settlement Privilege In Criminal Proceedings

Canadian courts have long recognized that there is a compelling public interest in promoting an open and productive settlement process, both in civil and criminal proceedings.^[1] Plea bargaining in criminal and quasi-criminal prosecutions is essential to the proper operation of the justice system in Canada. A 1998 study found that 91.3% of all criminal cases in Ontario were resolved without a trial.^[2] Courts in Canada have acknowledged that without resolution discussions, the Canadian system of criminal justice would collapse under its own weight.^[3] The openness and productivity of resolution discussions is assured by the imposition of settlement privilege, which wraps a protective veil around the information that is exchanged.^[4]