Index

• Author: David M. Paciocco/Lee Stuesser
• Pages: 545-555

Admissibility of evidence, 2–8

preliminary issues at trial, 14

restricted admissibility, 7–8

standard of proof, 17–21

Admissions

agent’s, 142–44

co-accused’s, 142–49

co-conspirator’s, 142–49

common design, 142–49

conduct, as, 140–41

consciousness of guilt, 140–41

employee’s, 142–44

formal, 139

hearsay, as, 137–39

hearsay, based on, 139–40

informal, 139

remedial measures, 140–41

silence, by, 141–42

vicarious, 142–44

Adversarial system, 1

Air of reality test, 486–97

Anti-Terroism Act, 248, 251

Best evidence, rule, 419

Brown v. Dunn, rule, 392–94

Burden of proof

Charter, subs. 24(1), 318

Charter, subs. 24(2), 318–19

discoverability, determining, 339

in cases where subs. 10(b) was

violated, 339–40

in other cases, 339–42

defined, 339–42, 482, 486–87

derivative evidence and, 310–11

“evidential burden,” 487–88, 491

Prima facie case standard. See

Prima facie case

“legal burden,” 487–88, 491

subpoena ordering co-accused to

testify, quashing, 275–77

“tactical burden,” 488

“ultimate burden,” 488

voluntariness and, 255–56

Business records, 158–62

Double hearsay, 161–62

Canada Evidence Act

jurisdiction, 10

s. 3, 359

subs. 4(1), 271, 367–71

subs. 4(2), 229, 336–70

subs. 4(3), 229–30

subs. 4(4), 230, 366–70

subs. 4(5), 366–67

subs. 4(6), 281–83

s. 5, 262–64

subs. 9(1), 462–73

subs. 9(2), 473–74. See also

Witnesses, party’s own witness

s. 10, 394, 407–11. See also Previous

statements

s. 11, 394, 407–10

s. 12, 35, 404–7. See also Prior con-

victions

s. 16, 361–64

subs. 16(3), 364

s. 17, 433

s. 24, 433

545

Index