Sentences with word «compellable»

(2) Neither the Fairness Commissioner nor anyone employed in the Office of the Fairness Commissioner is a competent or compellable witness in a civil proceeding outside this Code in connection with anything done under this Code.

In other words, until the Crown establishes that there is a «case to meet», an accused is not compellable in a general sense (as opposed to the narrow, testimonial sense) and need not answer the allegations against him or her.

For example, section 53 of BC's Health Professions Act not only imposes a duty on persons to «preserve confidentiality», but also provides that records are «not compellable in an court or in proceedings of a judicial nature» except for proceedings under the Act, or where disclosure is authorized by a college board as «being in the public interest» (s. 53 (1) and (3)-RRB-.

Perhaps what I should have said is something to the effect that «at present, in most personal civil disputes, legal representation is not required nor compellable over a litigant's objections.»

«(5) If the government seeks in an action... to recover the cost of health care benefits on an aggregate basis, (b) the health care records and documents of particular individual insured persons... are not compellable except as provided under a rule of law, [or, a] practice or procedure that requires the production of documents relied on by an expert witness».

While there must obviously be sanctions (including potential imprisonment) for refusing to testify, they should only be imposed on compellable witnesses who willfully defy judicial authority, and only in accordance with the ordinary rules of criminal procedure and evidence.

Even worse, the first proposal of Bearing Good Witness seems to make doctors compellable to give expert evidence for the first time, by establishing this as part of their employment contracts, abolishing the lack of compellability which is a key feature of expert witness work.

50 Spouses are competent and compellable witnesses against each other in proceedings under this Act.

Additional protection arises from the BC Health Professions Act, and the Ontario Registered Health Professions Act, preventing personnel from being compelled to give evidence in judicial proceedings, and prevents related records from being compellable in judicial proceedings (except proceedings under the HPA or RHPA).

It is at this point that we can address the court on whether or not he is a competent and compellable witness,» he said.

«I am not a compellable witness because it could lead to a breach of professional communication between our law firm and the third defendant.

Furthermore, in affording privilege only to the mediator, Art 7 says nothing about the question whether a party to a mediation could be compellable to disclose a mediator secret, even if the mediator would not.

In relation to cross-border mediation, Art 7 of the Directive adds teeth to that expectation, by requiring member states to ensure that mediators must not be compellable to give evidence in civil proceedings or arbitration regarding information arising out of or in connection with a mediation, except where overriding considerations of public policy otherwise require, or where disclosure of the content of the mediation settlement agreement is necessary in order to implement or enforce it.

Any evidence that is not disclosable in a civil trial would not be compellable in a public inquiry either (s 22 of IA 2005) and there is no privilege against self - incrimination in relation to civil claims.

There is no requirement that the police tell a wife that she is not a compellable witness against her husband before they interview her about a crime of which her husband is suspected.

It does not turn the defendant into a compellable witness.

In short, in some scenarios married spouses are merely competent to testify; in others they are both competent AND compellable.

The company's power to access the data in Canada made it compellable by the tax authorities.

The biggest concern criminal defence lawyers tend to have with a parallel civil process is that their client, the alleged offender, is compellable.

I agree that no person involved with The Mediation Centre shall be a compellable witness in any current or future legal proceedings in regards to this file.

Thus, unless the problems that came to light through the criminal case can be overcome, and remember that in a civil case, the alleged offender is compellable and the alleged victim has party standing and, so, is able to exercise direct control over the case to be advanced, it is unlikely a subsequent civil suit will be brought, or if brought be successful.

A degree of additional protection flows from s. 53 of the HPA, which prevents a person with knowledge gained while exercising a power or performing a duty from giving or being compelled to give evidence in judicial proceedings (except proceedings under the HPA), and prevents related records from being compellable in judicial proceedings (except proceedings under the HPA).

A licensee who is alleged to have contravened the Real Estate Services Act, Regulation, Bylaws or Rules is a compellable witness at a formal hearing.