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Report No. 93

5.9. Proposed Evidence Code (Canada).-

Finally, it may be added that the proposed Evidence Code for Canada would make drastic changes in the existing doctrine. Section 41 of that Code reads as under1:

"41. A person who has consulted a person exercising a profession for the purpose of obtaining professional services, or who has been rendered such services by a professional person, has a privilege against disclosure of any confidential communication reasonably made in the course of the relationship if, in the circumstances, the public interest in the privacy of the relationship outweighs the public interest in the administration of justice."

1. Section 41, Evidence Code for Canada (proposed), quoted by Stanley Schiff Evidence in the Litigation Process, (1978), Vol. 2, pp. 1011-1012.



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