Avoiding Self-Incrimination in Canada

It is increasingly common for counsel to find themselves dealing with a civil action in which one party may be facing criminal or regulatory sanctions arising from the same events underlying the civil action. For example, a defendant may be charged in criminal or regulatory proceedings for insider trading or tipping and may also be defending a civil action for, among other things, breach of fiduciary duty. Similarly, a company may commence a civil action against a former employee to recover stolen funds while that individual faces criminal fraud charges. These issues may also arise in personal injury, antitrust and environmental litigation. The Supreme Court of Canada's recent decision in R v Nedelcu raises some complex and difficult issues for counsel on the use of civil evidence in subsequent criminal proceedings. Read the full article by Jeffrey S. Leon, Ranjan K. Agarwal and Stephen N. Libin on the full Bennett Jones website.