R. v. Roberts, 2001 ABQB 520 (CanLII)
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[60] As I advised counsel at the sentencing hearing, I think it was improper to disclose those discussions to the court. The same issue was considered in R. v. Bernardo, [1994] O.J. No. 1718 (C.J. Gen. Div.); R. v. Lake, [1997] O.J. No. 5447 (C.J. Gen. Div.); and R. v. L.(N.) reflex, (1998), 124 C.C.C. (3d) 564 (Ont. Ct. Gen. Div.). In each case, the court agreed that public policy dictates confidentiality concerning such negotiations, and that privilege applies, in the sense that the information disclosed during pre‑trial negotiations should not be used against either party. I agree.
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