NOTICE OF INTENTION TO PRODUCE EVIDENCE

189. [1] to [4] [Repealed. 1993, c.40, s.10.]

[5] The contents of a private communication that is obtained from an interception of the private communication pursuant to any provision of, or pursuant to an authorization given under, this Part shall not be received in evidence unless the party intending to adduce it has given to the accused reasonable notice of the intention together with

[a] a transcript of the private communication, where it will be adduced in the form of a recording, or a statement setting out full particulars of the private communication, where evidence of the private communication will be given viva voce; and

[b] a statement respecting the time, place and date of the private communication and the parties thereto, if known.

[6] Any information obtained by an interception that, but for the interception, would have been privileged remains privileged and inadmissible as evidence without the consent of the person enjoying the privilege. [1973-74, c.50, s.2; 1976-77, c.53, s.10; 1993, c.40, s.10.]