Index

• Author: David M. Paciocco/Lee Stuesser/Palma Paciocco
• Pages: 747-769

747

INDEX

Accused pers ons. See Criminal proceed-

ings

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,

70–101

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,

215–23

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

exceptions

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,

615–19

good character r ebuttal, 109

prior identif ications, 180–83

prior inconsi stent statements. See also

Prior incons istent statements

THE LAW OF EVIDENCE748

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

trends

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,

657–58

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,

693–95

reverse onus defence s, 702

Believability, 44–45. See also Probative

value

Best evidence r ule

documents, 561–62

electronic documents, 564–65