SCC Decision: March 6, 2008

Juman v. Doucette, 2008 SCC 8
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(Civil procedure / Discovery / Implied undertaking of confidentiality)
After a child was injured while in J.'s care, a civil action and criminal investigation were commenced.  J. applied to prevent the authorities from accessing her civil discovery without a court order.  The Attorney General of British Columbia brought a motion, seeking access to that discovery.  The civil case ultimately settled before trial.  The Court held that a party is not free to disclose discovery to strangers from the litigation without a court order.  In weighing whether to grant such an order, courts must balance the values of privacy, protection against self-incrimination and efficient conduct of civil litigation against reasons to disclose discovery.  The application of the Attorney General was rejected.
Majority/Concurring: 9/0