Protecting Traditional Knowledge as Privileged

Author: Michelle Bradley, Ava Murphy and Alexis Giannelia
Current to: November 2024

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“Protecting Traditional Knowledge as Privileged” was presented by Michelle Bradley, Ava Murphy, and Alexis Giannelia of Woodward & Company Lawyers LLP at CLEBC’s 2024 Aboriginal Law Conference.

This paper explores the protection of Indigenous traditional knowledge as privileged information. Courts have recently considered whether the Crown can use knowledge disclosed in out-of-court processes in litigation. Indigenous groups have successfully invoked case-by-case privilege under the Wigmore criteria to safeguard this knowledge.

The paper examines legal recognition, disclosure requirements, case law, and future protections. Access it now and stay ahead in your practice!

 

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