Category: Evidence Court Procedure

Eyewitness Identification

R. v. Bailey, 2016 ONCA 516, is an interesting case from the Ontario Court of Appeal on the perils of Eyewitness Identification. Background Bailey was

Expanding McNeil Disclosure

R v Lam 2016 ABQB 201: First Party vs Third Party Disclosure This case deals with the issue of whether records pertaining to a criminal

WD

WD R. v. Kennedy.  [2015] N.J. No. 107, 2015 NLCA 14 Facts: This is a rather straightforward sexual assault case. The accused forced himself on

Admissibility of 911 recordings

911 Recordings Hearsay is presumtively inadmissible. 911 tapes are generally admissible because they fall under the res gestae exception. Alternatively, 911 tapes may also be

Recollection and Demeanour Evidence

I took these articles from Alan Gold’s February 8, 2016 weekley newsletter. assessing evidence. demenour. recollection.   Evidence based on recollection 15.An obvious difficulty which

Approved Screening Devices

Approved Screening Device Calibration Logs For many years I have been thinking about ways to challenge approved screening devices “ASD”.  In R. v. Black 2011

The Intoxilyzer

Operating the Breath Instrument (Intoxilyzer) Correctly   An excellent decision was provided by Judge Higgerty in Edson, Alberta. The defence counsel in the case was

Expert Witness

Expert Witnesses   A recent case I found to be very troubling. Thankfully, the judge made the right decision and refused to allow the evidence