Document ID: chunk:federal_register_of_legislation:C2023C00465:section:38
Version: federal_register_of_legislation:C2023C00465
Segment Type: section
Provision Reference: s 38
Character Range: 39152–40631

38  Privilege against self‑incrimination

Privilege does not apply in relation to section 11
 (1) A person is not excused from answering a question, giving information or producing a document under section 11 on the ground that the answer, the information or the production of the document might tend to incriminate the person or make the person liable to a penalty.

Use/derivative use immunity applies
 (2) However, in the case of an individual:
 (a) the answer or information given or the document produced; and
 (b) answering the question, giving the information or producing the document; and
 (c) any information, document or thing obtained as a direct or indirect consequence of answering the question, giving the information or producing the document;
are not admissible in evidence against the individual in any criminal or civil proceedings, except proceedings under, or arising out of, section 137.1 or 137.2 of the Criminal Code or section 34 or 35 of this Act (false or misleading information or documents) in relation to answering the question, giving the information or producing the document.

Privilege not otherwise affected
 (3) Except as provided by subsection (1), nothing in this Act affects the right of an individual to refuse to answer a question, give information or produce a document on the ground that the answer, the information or the production of the document might tend to incriminate the individual or make the individual liable to a penalty.