Flashcards
Evidence Cases
Flashcards do conjunto (14)
- 1R. v. KhanPrincipled Approach - Necessity and Reliability
More flexible rules of admissibility - 2R. v. HandySimilar Fact Evidence
SFE must be connected to material issue
SFE can only be introduced when there is connection between SFE and offences alleged - 3R. v. Handy - Factors for SimilarityProximity in time
Similarity in detail
Number of occurrences
Distinctive features
Intervening events - 4R. v. KGBPrior Inconsistent Statements
Necessity: when a witness recants; statements can prove what happened, would otherwise be lost
Reliability: statement made under oath, videotaped, opposing had opportunity to cross-examine - 5R. v. MohanExpert Witnesses - 4 Criteria:
1) Relevance
2) Necessity
3) Qualifications
4) Absence of any exclusionary rule - 6Smith v. JonesSolicitor-Client Privilege
Privilege is overriden when there is a threat to public safety - 7Smith v. Jones - Factors to determine if public safety outweighs privilege1) Clarity of risk
2) Seriousness of risk
3) Imminence of harm - 8R. v. GrantExclusion of evidence under Charter s. 24
Two factor test:
1) Obtained in a manner that breached Charter
2) Serious breach - would bring administration of justice into disrepute - 9R. v. HarrerCharter must be violated by a Canadian state agent for a breach to happen
American state agents do not have to abide by Canadian standards- cannot argue Canadian Charter right in this case - 10R. v. O'ConnorApplication for Third Party Records
Two step procedure:
1) Relevance - reasonable possibility the info is probative
2) Judge determines whether and to what extent records should be produced - 11R. v. GruenkeDistinction between Privilege by Class and Privilege by Case
- 12R. v. Gruenke - Privilege by ClassPrima facie presumption that communications are privileged
Public Safety exception or McClure test to break privilege by class
McClure: Threshold test, Innocence at Stake test - 13R. v. Gruenke - Privilege by CaseMust prove that privilege exists by case
Wigmore test:
1) Communication must originate in confidence
2) Confidence is essential to relationship
3) Opinion of community
4) Injury to relationship must be greater than benefit of admitting communication - 14R. v. StinchcombeObligation of Prosecution to provide all relevant disclosure
Disclosure does not belong to Crown
Crown has discretion over relevancy
Informações
- Descrição
- Postgraduate Evidence and Litigation FlashCards sobre Evidence Cases, criado por Paralegal Grad Cert em 28-11-2019.
- Criado por
- Paralegal Grad Cert
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