RKMBs Forums .::Important::. Politics and Current Events Canada to Allow Same-Sex Marriage

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the G-man said:
The original idea of the "spousal privilege" was also that marriage was a partnership built on trust. Not unlike the doctor-patient privilege or lawyer-client privilege, it was based on the idea that you should be able to trust your spouse with your secrets (within certain limiations).

Also, the privilege is for the defendant, not the witness, to claim. So the fact the guy copped a plea doesn't affect his "partner's" right to claim it as a defense.

It seems to me that, if allow gay marriage, you should allow the spousal privilege.

OTOH, if you don't apply the privilege to unmarried cohabitating hetero couples, you shouldn't apply it to unmarried cohabitating gay couples. To do so would be legislation from the bench and create a defense for gay criminals that doesn't exist for straight ones.

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