Question juridique clé
Whether the appellant could refuse to testify because of a spousal or de facto couple relationship with the accused.
Solution extraite
The court did not decide the privilege on the merits; it held that such a ground must be raised at the hearing and, if rejected, only then may a refusal order be challenged.
Motifs extraits
Under the CCP, a person summoned must appear. A possible refusal privilege is not a reason to ignore or annul the summons; it can be asserted when appearing, with supporting evidence, and reviewed only after an order on refusal has been issued.