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: Partner Nancy Rubin quoted in September 27 issue of The Lawyers Weekly

September 24, 2013

Halifax-based partner Nancy Rubin discusses deliberative secrecy and says, “Looking South at the experience in the U.S., I doubt the legislators see the example as one we want to emulate. While I’m sure getting a glimpse into the jury deliberations would be enlightening (or perhaps frightening), our system has evolved so that in the rare situation, evidence may be admissible to avoid a miscarriage of justice.  It’s not admissible as a story to be sold to the highest bidder.” 

While jurors in criminal cases cannot discuss a case during a trial or after a guilty verdict has been rendered, civil legislation pertaining to deliberative secrecy varies among the provinces, where judges can direct jurors after a ruling that they can not discuss a case, whether legislated or not.

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