R v Gruenke [1991] 3 S.C.R. 263 is a leading Supreme Court of Canada decision on privilege. The Court developed a case-by-case test for determining if a communication is privileged. Prior to the test, only communications that fell into one of narrow set of privilege classes could gain protection from being submitted in a court of law.
Lamer C.J., joined by La Forest, Sopinka, Cory, McLachlin, Stevenson and Iacobucci JJ.
Concurrence
L'Heureux-Dubé J., joined by Gonthier J.
Background
Adele Rosemary Gruenke was a 22-year-old reflexologist (a type of therapy similar to acupressure). Philip Barnett, an 82-year-old friend and client of Gruenke, had loaned her a significant amount of money including money to start a reflexology clinic. They lived together for a time in a platonic relationship - he had even put her in his will - until he began to make advances to her, at which point she moved home with her mother. Barnett's advances became more aggressive, to the point where she and her boyfriend plotted to kill him. One night in November 1986, she met with Barnett in his car and a fight broke out. She and her boyfriend beat Barnett to death.
Greunke, distraught, then spoke to a pastor and counselor about her involvement in the murder, and the planning that went into it.
At trial the conversation between Greunke, the counselor, and pastor was admitted and proved sufficient to convict Gruenke of first degree murder.
Opinion of the Court
The Court found that the trial judge was correct in admitting the evidence.
Lamer C.J., writing for the majority, noted that Canadian law does not recognize privilege in religious communications; however, there may be situations where such a privilege may be required.
To accommodate this need the Court adopted a four-step test proposed by American jurist John Henry Wigmore to determine whether privilege is required.
the communications must originate in a confidence that they will not be disclosed;
this element of confidentiality must be essential to the full and satisfactory maintenance of the relation between the parties;
the relation must be one which in the opinion of the community ought to be sedulously fostered; and
the injury that would inure to the relation by the disclosure of the communications must be greater than the benefit thereby gained for the correct disposal of litigation.
In application to the facts of the case, Lamer found that they did not meet the requirements of the Wigmore test and so the communication was not privileged.
gruenke, 1991, leading, supreme, court, canada, decision, privilege, court, developed, case, case, test, determining, communication, privileged, prior, test, only, communications, that, fell, into, narrow, privilege, classes, could, gain, protection, from, bei. R v Gruenke 1991 3 S C R 263 is a leading Supreme Court of Canada decision on privilege The Court developed a case by case test for determining if a communication is privileged Prior to the test only communications that fell into one of narrow set of privilege classes could gain protection from being submitted in a court of law R v GruenkeSupreme Court of CanadaHearing May 10 1991 Judgment October 24 1991Full case nameAdele Rosemary Gruenke v Her Majesty The QueenCitations 1991 3 S C R 263Prior historyappeal from Manitoba Court of AppealRulingGruenke appeal dismissedCourt membershipChief Justice Antonio LamerPuisne Justices Bertha Wilson Gerard La Forest Claire L Heureux Dube John Sopinka Charles Gonthier Peter Cory Beverley McLachlin William StevensonReasons givenMajorityLamer C J joined by La Forest Sopinka Cory McLachlin Stevenson and Iacobucci JJ ConcurrenceL Heureux Dube J joined by Gonthier J Background EditAdele Rosemary Gruenke was a 22 year old reflexologist a type of therapy similar to acupressure Philip Barnett an 82 year old friend and client of Gruenke had loaned her a significant amount of money including money to start a reflexology clinic They lived together for a time in a platonic relationship he had even put her in his will until he began to make advances to her at which point she moved home with her mother Barnett s advances became more aggressive to the point where she and her boyfriend plotted to kill him One night in November 1986 she met with Barnett in his car and a fight broke out She and her boyfriend beat Barnett to death Greunke distraught then spoke to a pastor and counselor about her involvement in the murder and the planning that went into it At trial the conversation between Greunke the counselor and pastor was admitted and proved sufficient to convict Gruenke of first degree murder Opinion of the Court EditThe Court found that the trial judge was correct in admitting the evidence Lamer C J writing for the majority noted that Canadian law does not recognize privilege in religious communications however there may be situations where such a privilege may be required To accommodate this need the Court adopted a four step test proposed by American jurist John Henry Wigmore to determine whether privilege is required the communications must originate in a confidence that they will not be disclosed this element of confidentiality must be essential to the full and satisfactory maintenance of the relation between the parties the relation must be one which in the opinion of the community ought to be sedulously fostered and the injury that would inure to the relation by the disclosure of the communications must be greater than the benefit thereby gained for the correct disposal of litigation In application to the facts of the case Lamer found that they did not meet the requirements of the Wigmore test and so the communication was not privileged External links EditFull text of Supreme Court of Canada decision at LexUM and CanLII Retrieved from https en wikipedia org w index php title R v Gruenke amp oldid 683709440, wikipedia, wiki, book, books, library,
