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Canadian Law Question -

Started by Grey Fox, October 12, 2011, 06:51:12 AM

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Martinus

Quote from: Barrister on October 13, 2011, 12:50:33 PM
Quote from: Grey Fox on October 13, 2011, 12:41:02 PM
QuoteA witness cannot be compelled to divulge any communication made to him or her by his or her spouse during their life together.

Yankees, does this exist in American legislation?

Pretty sure it does, but I'll let a yankee lawtalker explain further.

Why the sudden interest in who is a compellable witness?  Anything you want to discuss?

You should note that s. 4 CEA only applies to legally married persons, not common law.

If they are "together" but marry later, does it apply only to the communication made during their marriage, or also during the previous time "together"?

If that's the former, this clearly discriminates against gay people who have been able to legally marry for a short time so far.

Martinus

For the record, similar Polish exception applies to concubinates and "relations of similar nature", so a gay couple could not be forced to testify against each other, despite there being no legal gay marriage or civil partnership in Poland so far.

Zoupa


DGuller

I feel so left out as the lone actuary on this board.  I want to discuss things like reserving practices, or the use of generalized linear models, on Languish.  :(

Grey Fox

Quote from: DGuller on October 13, 2011, 01:48:42 PM
I feel so left out as the lone actuary on this board.  I want to discuss things like reserving practices, or the use of generalized linear models, on Languish.  :(

We can. It's not like I'm a lawyer. I just browse Canlii.org.
Colonel Caliga is Awesome.

Malthus

Quote from: DGuller on October 13, 2011, 01:48:42 PM
I feel so left out as the lone actuary on this board.  I want to discuss things like reserving practices, or the use of generalized linear models, on Languish.  :(

Ah, the loneliness of the lone actuary. A single data point unto himself.  :(

["The Lone Actuary" would make a great 50s program for the 10s, like "The Lone Ranger" only with slightly less bullets.  :D ]
The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane—Marcus Aurelius

Barrister

Quote from: Martinus on October 13, 2011, 01:45:45 PM
Quote from: Barrister on October 13, 2011, 12:50:33 PM
Quote from: Grey Fox on October 13, 2011, 12:41:02 PM
QuoteA witness cannot be compelled to divulge any communication made to him or her by his or her spouse during their life together.

Yankees, does this exist in American legislation?

Pretty sure it does, but I'll let a yankee lawtalker explain further.

Why the sudden interest in who is a compellable witness?  Anything you want to discuss?

You should note that s. 4 CEA only applies to legally married persons, not common law.

If they are "together" but marry later, does it apply only to the communication made during their marriage, or also during the previous time "together"?

If that's the former, this clearly discriminates against gay people who have been able to legally marry for a short time so far.

:rolleyes:
Posts here are my own private opinions.  I do not speak for my employer.

Jacob

Quote from: DGuller on October 13, 2011, 01:48:42 PM
I feel so left out as the lone actuary on this board.  I want to discuss things like reserving practices, or the use of generalized linear models, on Languish.  :(

I'm not going to induce my wife to post on these boards. Sorry :(

Barrister

Quote from: Grey Fox on October 13, 2011, 01:41:52 PM
Yes. I probably shouldn't talk about it. It is nothing overly bad, nor criminal. It's Road related.

My OP had to do with that. My new question is only because I found that peculiar.

Feel free to PM me if you'd like.   :)
Posts here are my own private opinions.  I do not speak for my employer.

Jacob

Quote from: Barrister on October 13, 2011, 02:17:40 PM
Quote from: Grey Fox on October 13, 2011, 01:41:52 PM
Yes. I probably shouldn't talk about it. It is nothing overly bad, nor criminal. It's Road related.

My OP had to do with that. My new question is only because I found that peculiar.

Feel free to PM me if you'd like.   :)

You're not entrapping him, are you?

Barrister

Quote from: Jacob on October 13, 2011, 02:18:34 PM
Quote from: Barrister on October 13, 2011, 02:17:40 PM
Quote from: Grey Fox on October 13, 2011, 01:41:52 PM
Yes. I probably shouldn't talk about it. It is nothing overly bad, nor criminal. It's Road related.

My OP had to do with that. My new question is only because I found that peculiar.

Feel free to PM me if you'd like.   :)

You're not entrapping him, are you?

Quiet, you... <_<
Posts here are my own private opinions.  I do not speak for my employer.

Ed Anger

Quote from: DGuller on October 13, 2011, 01:48:42 PM
I feel so left out as the lone actuary on this board.  I want to discuss things like reserving practices, or the use of generalized linear models, on Languish.  :(

You like to discuss work? Ugh.

I have no desire discuss SCM unless somebody is paying me. 
Stay Alive...Let the Man Drive

Grey Fox

Et tu bb?

Plus, it's civil law case, could you do anything?
Colonel Caliga is Awesome.

Barrister

Quote from: Ed Anger on October 13, 2011, 02:47:27 PM
Quote from: DGuller on October 13, 2011, 01:48:42 PM
I feel so left out as the lone actuary on this board.  I want to discuss things like reserving practices, or the use of generalized linear models, on Languish.  :(

You like to discuss work? Ugh.

I have no desire discuss SCM unless somebody is paying me.

I like discussing my work.  It's interesting stuff I get to do.  :)
Posts here are my own private opinions.  I do not speak for my employer.

Ideologue

#44
Quote from: Grey Fox on October 13, 2011, 12:41:02 PM
QuoteA witness cannot be compelled to divulge any communication made to him or her by his or her spouse during their life together.

Yankees, does this exist in American legislation?

Spousal privilege?  Yeah.  The testifying spouse owns the privilege and can waive it, though.  Oh, and only applies to private conversations.  A third party's presence waives it.
Kinemalogue
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