200813 Evidence 9:30pm
Glossary: PFJ (Principles of Fundamental Justice) SCC (Supreme Court of CA), the
Charter (the CA Charter), CC (CC), ON (ON), LSUC/LSO (The LS of Upper CA / ON),
LS (LS), CA (The CA), POGG (Peace, Order and Good gov'), ADM (Administrative
Decision Maker), gov' (gov'), CDSA (CDSA), D (D / the accused), NCRMD (Verdict
of not criminally responsible on account of mental disorder), AG (AG), AL (AL), HC
(HC), GG (GG), PM (PM), BaRD (BaRD), BoP (BoP), W (W), CL (Common Law), ToF
(ToF), TJ (TJ), ADMer (Administrative Decision Maker), ADMing (Administrative
Decision Making), Matrimonial Home (MH), Children's Law Reform Act (CLRA), S
(S), Federal Child Support Guidelines (FCSG), Respondent (R), 人 (person),
International Law (IL)
PART I - INTRODUCTION
0. What is law of evidence?
Body of regulations governing proof of existence of fact before a court
Even if 有 legislation enacted both at federal & provincial levels (Federal:
CEAs); but legislation does not provide complete picture; resorting to CL is
needed.
Aimed at control and regulation in effort to fairly promote the search for
truth; Controls the fact-finder, lawyers, and Ws through rules of admissibility
and proof.
Consists of general rules + 多 exceptions to rules.
1. The Forum: Adversarial Adjudication
(0) Adversarial adjudication
System of justice premised on each party w/ obligation to present
evidence and argument to support position; but 有 special fairness
obligations for Crown. Hallmark of CA system: Judge (neutral), remains
relatively passive during trial.
System depends on production of evidence by parties to guarantee its
sufficiency and trustworthiness [VHM]; Not for judges to go looking for
evidence; irrelevant 有 other relevant materials out there & not
adduced [UK: Shortland v Hill & Anor].
(a) Not a Scientific Inquiry
Trial: not a scientific inquiry conducted by TJ as research director; rather
forum for providing justice to parties; centrality of the adversary system
is not confined to trials, inherently part of administrative hearings as
well [Hurd v Hewitt]
(b) Truth and Justice: Competing Goals?
Imperial Oil v. Jacques on balancing court's truth-seeking function v.
justice
Glossary: PFJ (Principles of Fundamental Justice) SCC (Supreme Court of CA), the
Charter (the CA Charter), CC (CC), ON (ON), LSUC/LSO (The LS of Upper CA / ON),
LS (LS), CA (The CA), POGG (Peace, Order and Good gov'), ADM (Administrative
Decision Maker), gov' (gov'), CDSA (CDSA), D (D / the accused), NCRMD (Verdict
of not criminally responsible on account of mental disorder), AG (AG), AL (AL), HC
(HC), GG (GG), PM (PM), BaRD (BaRD), BoP (BoP), W (W), CL (Common Law), ToF
(ToF), TJ (TJ), ADMer (Administrative Decision Maker), ADMing (Administrative
Decision Making), Matrimonial Home (MH), Children's Law Reform Act (CLRA), S
(S), Federal Child Support Guidelines (FCSG), Respondent (R), 人 (person),
International Law (IL)
PART I - INTRODUCTION
0. What is law of evidence?
Body of regulations governing proof of existence of fact before a court
Even if 有 legislation enacted both at federal & provincial levels (Federal:
CEAs); but legislation does not provide complete picture; resorting to CL is
needed.
Aimed at control and regulation in effort to fairly promote the search for
truth; Controls the fact-finder, lawyers, and Ws through rules of admissibility
and proof.
Consists of general rules + 多 exceptions to rules.
1. The Forum: Adversarial Adjudication
(0) Adversarial adjudication
System of justice premised on each party w/ obligation to present
evidence and argument to support position; but 有 special fairness
obligations for Crown. Hallmark of CA system: Judge (neutral), remains
relatively passive during trial.
System depends on production of evidence by parties to guarantee its
sufficiency and trustworthiness [VHM]; Not for judges to go looking for
evidence; irrelevant 有 other relevant materials out there & not
adduced [UK: Shortland v Hill & Anor].
(a) Not a Scientific Inquiry
Trial: not a scientific inquiry conducted by TJ as research director; rather
forum for providing justice to parties; centrality of the adversary system
is not confined to trials, inherently part of administrative hearings as
well [Hurd v Hewitt]
(b) Truth and Justice: Competing Goals?
Imperial Oil v. Jacques on balancing court's truth-seeking function v.
justice
