Category: Evidence Court Procedure

Demeanour Evidence and Admissibility

[1] In certain instances demeanour evidence may fall into the category of “post-offence conduct”, or it may be gathered during testimony to determine credibility. Demeanour

HE SAID–SHE SAID

  It’s not a Credibility Contest! [1]          We often hear the term used “it’s he said — she said” to explain how a judge will

Don’t Forget about Consent

Don’t Forget about Consent [1]          In R. v. Foster 2020 NBCA 2020 the court overturned a sexual assault conviction because the trial judge failed to

Seinfeld Saves the Day

Seinfeld Saves the Day [1]          In a recent case, R. v. Burgess 2020 ABQB 50, Mr. Burgess was late for his trial regarding some bylaw

Bail

BAIL: The Primary Grounds Strength of the Crown’s Case “The expeditious and sometimes informal nature of a bail hearing may reflect an unrealistically strong case

Hearsay Evidence and Inadmissibility

R v Threefingers, 2016 ABCA 225 is a good case on the inadmissibility of Hearsay evidence. This case illustrates the difficulty courts have in admitting hearsay