AuthorDavid M. Paciocco/Lee Stuesser/Palma Paciocco
Accused pers ons. See Criminal proceed-
Adminis trative tribunal s, rules of evi-
dence, 20
Admissibi lity of evidence, 3– 8, 32–62
admission s of a party, 7–8, 191–207
appeal of error s, 28–31
basic rule, 6, 32–33
business re cords, 218–22
character ev idence, 63–132. See also
Character evidence
civil ca ses, 131–34
crimin al cases, 66–131
similar f act evidence, 68–69,
collateral fac ts rule, 600–15. See also
Collateral fa cts rule
consent to admi ssion, 7–8
declaration s against interest by non-
parties, 2 08–13
declaration s in course of duty,
demonstrative ev idence, 567–71
different rules for different proceed-
ings, 16–20
dying decla rations, 213–15
electronic evidence, 222–23, 562–66
exclusionar y discretion. See Exclu-
sionary d iscretion
hearsay, 4, 151. See also Hearsay
immateri al information, 33–34, 56–57
improperly obtai ned evidence,
464 –518. See also Improperly
obtained evide nce
inclusionar y discretion, 49
irrelevant i nformation, 5, 32, 56–57
ma teri ali ty. See Materiality
narrat ive information, 56–58
non-admiss ible evidence. See Exclu-
sion of evidence
non-evidence, 5
opinion evide nce, 233–86. See also
Opinion evidence
expert opi nions, 247–86. See also
Expert evidence
lay opinions , 239–42
ultimate is sue rule, 242–47
practical e xclusion, 4
prior convict ions. See also Prior
conviction s
civil procee dings, 188–91, 619
cross-examination purposes, 606,
good character r ebuttal, 109
prior identif ications, 180–83
prior inconsi stent statements. See also
Prior incons istent statements
cross-examination purposes,
608 –15
rebuttal purposes, 110
truth pur poses, 173–80
prior testi mony, 183–88
privilege d information. See Pr ivilege
probative value an d, 49–52
real evidence . See Real evidence
relevance. See Relevant evidence
res gestae statements, 223–32
restricted admissibility, 4
bad-char acter evidence, 67, 69
hearsay, 4, 151
role, 3– 8
similar f act evidence, 70–101. See
also Simila r fact evidence
standard s of admissibility, 58– 62
exclusion ru les, 61–62
factual tr iggers, 59–61
real evidence , 59
statutory m odification, 62
testimony, 58–59
subordinat ed evidence, 4–5
technical ly inadmissible evi dence,
reception, 47–49
increased admissibility, 14–15
purposive or conte xtual approach,
11–13, 49
voir dire evidence, 21–22
voir dire to determ ine. See Voir dire
Admissible evidence
exclusion. See Exclu sionary discret ion
use of. See Use of admi ssible evidence
Admissions, 191–207. See also Declara-
tions against interest
accused per sons, 193–94, 424–47
basic rule, 424
persons in aut hority, to. See Con-
fessions r ule
prior statement s, 613
agents or employees, 198 –200
basic rule, 191
co-accused, 200 –1
common design, i n furtherance, 200 –7
co-conspi rators, 201–7
conduct, by, 196
remedial mea sures, 196
declaration against interest distin-
guished, 192
defined, 191–92
formal admissions, 194–95
hearsay st atus, 192
informal admissions, 195
personal k nowledge, necessity, 195–96
prior inconsis tent statements, 613
silence, by, 197–98
vicariou s admissions, 198–200
Adverse witnesses. See also Challenging
own witness; Hostile witnesses
basic rule, 6 49–50
Canada Evide nce Act, under, 654–56
declarat ion of adversity, 654–55
prior incons istent recorded state-
ments, 656
civil procee dings, 657
cross-examination, 654–60
leave to cross- examine, 654–56,
defined, 649
hostile witness, distinguished, 655
provincial s tatutes, under, 656–57
Affidavit ev idence, 520
After-the-fact conduct, 41–43
“Air of reality” test , 702–4
Appeal of evide ntiary rulings, 2 8–31
party appe aling did not object, 29–31
party appe aling did object, 28–29
Authentication of re al evidence, 556–57
continuity, 556–57
documents, 561–62
electronic documents, 563–64
photographs and videot apes, 559–61
Bad characte r. See Character evidence
Balance of probabi lities. See also Stan-
dards of proof
admissibil ity of evidence
factual tr iggers, 59–60
prior inconsi stent statements, 179
Charter violat ion, 690
civil ca ses, 688–89
presumptions of f act, rebuttal,
reverse onus defence s, 702
Believability, 44–45. See also Probative
Best evidence r ule
documents, 561–62
electronic documents, 564–65

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