Privilege over documents produced pursuant to court order may be lost by waiver where the party takes no effective steps to prevent the documents becoming part of the public record, including by allowing them to be exhibited to affidavits and placed on the appeal record without objection. The privilege against self-incrimination and against self-exposure to a penalty does not apply to corporations, following Abbco Ice Works. Contempt proceedings should not be used for forensic manoeuvring purposes where committal or enforcement is not genuinely sought.
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