The Canada Supreme Court ruled earlier this month
that civil antitrust plaintiffs may receive wire-tap evidence
obtained in the criminal investigation into an alleged price-fixing
scheme by several large gas companies. During the criminal
investigation, the Competition Bureau of Canada intercepted and
recorded more than 220,000 private communications which it used to
bring antitrust proceedings against 54 persons.
Now the Court has ordered production of the recordings for the
civil plaintiffs, but with limitations in order to protect the
privacy interests of the persons recorded. First, the recordings
will be screened to protect the privacy of third parties not
involved in the proceedings. Then, the recordings will only be
disclosed to the lawyers and experts participating in the civil
proceedings. Furthermore, the Court found the "duty of
confidentiality" imposed on the parties, their counsel, and
experts would protect the right to privacy of those recorded.
