Conclusions

• Author: David M. Paciocco/Lee Stuesser
• Profession: Justice of the Ontario Court of Justice/Professor of Law, Bond University
• Pages: 547-555

547

CHA PTER 13

CONCLUSIONS

1. INTRODUCTION

The dominant theme in the law of evidence during the last quarter-cen-

tury has been the unrelenting movement towards a principled or pur-

posive approach. Fixed rules are now less apt to determine evidenti ary

issues, particularly those involving admissibility questions. Instead,

the law has been structured so that broad standards are applied to the

facts in question. Technicality is reduced. Context becomes everything.

More sensible results can be achieved.

As sage as the movement to a principled, purpo sive approach is,

there are import ant limits that should be placed on how much further

things go. If we go too far, we lose the guidance and wisdom of the

law. It is also import ant that t he principles and purposes identi f‌ied be

protected; if they are not we will have little or no law of evidence, only

power in judges to do as they think f‌it. As these closing obser vations

demonstrate, these risks have to be seen and controlled. If they are, we

will continue to enjoy an improved law of evidence, albeit it one th at

requires greater skills on the part of judges and law yers.