The appellant was convicted of first degree murder.
At trial, the Crown introduced evidence of communications the appellant made to her church pastor and a lay counsellor, in which she admitted her involvement in the murder.
The appellant argued these communications were privileged under common law and s. 2(a) of the Charter.
The Supreme Court of Canada held that there is no prima facie common law privilege for religious communications.
Instead, claims of privilege for such communications must be determined on a case-by-case basis using the Wigmore criteria, informed by the Charter.
Applying the Wigmore criteria, the Court found the communications were not privileged because they did not originate in a confidence that they would not be disclosed.
The appeal was dismissed.