Canadian Evidence Act: Document Admissibility
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Questions and Answers

What is the primary purpose of the rules of evidence in the justice system?

  • To complicate legal proceedings and ensure lawyers are needed.
  • To ensure fairness, consistency, and predictability. (correct)
  • To confuse juries and make trials longer.
  • To allow judges to arbitrarily decide cases based on personal feelings.

Which piece of legislation outlines criminal offenses and their penalties in Canada?

  • The Charter of Rights and Freedoms
  • The Criminal Code of Canada (correct)
  • The Constitution Act, 1982
  • The Canada Evidence Act

Under what circumstances might fresh evidence be admitted on appeal according to Section 683 of the Criminal Code?

  • If it serves the interests of justice. (correct)
  • If new legal precedents have been established since the original trial.
  • If the defense attorney forgot to present the evidence during the original trial.
  • If the original trial was too short and did not allow enough time for evidence to be presented.

In the context of evidence admissibility, what does 'probative value' refer to?

<p>The capacity of evidence to increase the likelihood of a fact in question being true. (B)</p> Signup and view all the answers

What is the general rule regarding hearsay evidence in court proceedings?

<p>Hearsay evidence is typically inadmissible, with exceptions like business records and party admissions. (C)</p> Signup and view all the answers

What is the general rule regarding the admissibility of character evidence in court?

<p>It is generally not allowed, but exceptions exist. (B)</p> Signup and view all the answers

What is the primary role of the Canada Evidence Act?

<p>Governing evidence in criminal and civil cases at the federal level (D)</p> Signup and view all the answers

What two criteria are central to the 'principled approach to hearsay'?

<p>Necessity and reliability (A)</p> Signup and view all the answers

What is the primary purpose of ensuring evidence admitted in court is reliable?

<p>To protect the accused from conviction based on untrustworthy evidence. (A)</p> Signup and view all the answers

What is the role of 'corroboration' in the context of evidence?

<p>To confirm that a witness is telling the truth. (A)</p> Signup and view all the answers

Which scenario would be considered 'harm' as it is defined?

<p>An AI-driven system providing incorrect medical advice that leads to physical injury. (B)</p> Signup and view all the answers

What is the key determining factor of whether an AI system is classified as a 'high-impact system'?

<p>Meeting specific criteria established in regulations related to the potential impact of the system. (B)</p> Signup and view all the answers

Under what conditions is a person considered 'responsible' for an AI system under the outlined regulations?

<p>If they design, develop, or make the AI system available for use in international or interprovincial trade and commerce, or manage its operation. (A)</p> Signup and view all the answers

What is required of a person responsible for a high-impact AI system concerning potential risks?

<p>They must establish measures to identify, assess, and mitigate the risks of harm or biased output. (A)</p> Signup and view all the answers

Under what condition is a person responsible for a high-impact system required to notify the Minister?

<p>If the use of the system results or is likely to result in material harm. (B)</p> Signup and view all the answers

If the Minister orders an audit and an independent auditor is engaged, what responsibilities does the person being audited have?

<p>To give all assistance that is reasonably required to enable the auditor to conduct the audit, including by providing any records or other information specified by the auditor. (C)</p> Signup and view all the answers

What is the main focus of information security?

<p>Protecting the confidentiality, integrity, and availability of data. (A)</p> Signup and view all the answers

What is the focus of informational privacy?

<p>Control over personal information (D)</p> Signup and view all the answers

What does data minimization refer to in the context of balancing security and privacy?

<p>Collecting and retaining only necessary information. (D)</p> Signup and view all the answers

Decisional privacy is best described as:

<p>The freedom from interference in making personal choices. (C)</p> Signup and view all the answers

Spatial privacy is primarily concerned with:

<p>Controlling access to one's personal space and property. (A)</p> Signup and view all the answers

Which of the following describes 'algorithmic fairness' in cybersecurity?

<p>Preventing bias in automated cybersecurity systems. (C)</p> Signup and view all the answers

What is 'security through obscurity'?

<p>Relying on secrecy of security measures. (C)</p> Signup and view all the answers

What primary limitation contributed to the failure of McDonald's AI drive-thru ordering system?

<p>Limitations in natural language processing capabilities and handling complex interactions. (C)</p> Signup and view all the answers

What ethical concern is most directly raised by the McDonald's AI drive-thru incident?

<p>The potential for customer frustration and discrimination due to AI errors. (C)</p> Signup and view all the answers

How did Grok AI misinterpret information, leading to a false accusation?

<p>It misunderstood metaphorical language as literal actions. (C)</p> Signup and view all the answers

What is the primary reason that enforcing AI regulations is uniquely challenging?

<p>The complex and opaque nature of many AI systems. (C)</p> Signup and view all the answers

Which potential consequence is highlighted by Grok AI's false accusation incident?

<p>The risk of AI-generated misinformation damaging reputations and inciting outrage. (D)</p> Signup and view all the answers

Why is integrating ethical considerations from the earliest stages of AI development considered crucial?

<p>It mitigates potential risks and biases inherent in AI systems. (D)</p> Signup and view all the answers

Considering both the McDonald's AI and Grok AI incidents, what is a key overarching lesson regarding the deployment of AI systems?

<p>AI systems must undergo rigorous testing and be carefully monitored for unintended consequences. (C)</p> Signup and view all the answers

When deploying AI systems ethically, which of the following steps should be continuously performed to maintain ethical performance and enable timely interventions?

<p>Continuous monitoring. (C)</p> Signup and view all the answers

What common technical challenge is evident in both AI incidents?

<p>Difficulties in simulating real-world scenarios during development. (B)</p> Signup and view all the answers

What is the aim of Explainable AI (XAI) techniques, such as LIME and SHAP?

<p>To make AI decision-making processes more transparent and interpretable. (D)</p> Signup and view all the answers

Which proactive measure could best mitigate the risks demonstrated by both the McDonald's and Grok AI incidents?

<p>Prioritizing ethical considerations and conducting thorough testing before deploying AI systems. (A)</p> Signup and view all the answers

What is the primary ethical concern arising from Grok AI's inability to understand context and colloquial language (such as "throwing a brick")?

<p>The risk of reputational damage to individuals or organizations due to AI-generated misinformation. (A)</p> Signup and view all the answers

Which of the following scenarios best illustrates the potential for 'harm' resulting from the deployment of an AI system providing legal advice?

<p>A user acts on incorrect legal advice from the AI, leading to legal repercussions. (B)</p> Signup and view all the answers

How might 'inadequate training data' contribute to a chatbot providing incorrect advice on labor laws?

<p>By exposing the AI to biased or incomplete information, causing it to generate inaccurate or discriminatory advice. (C)</p> Signup and view all the answers

What steps should be taken when deploying AI systems that provide advice on complex topics such as legal or medical information?

<p>Implement rigorous testing, expert oversight, and continuous monitoring to ensure accuracy and prevent misinformation. (D)</p> Signup and view all the answers

What is the most effective way to mitigate the risk of AI chatbots providing inaccurate information about bereavement fare policies?

<p>Regularly updating the chatbot's knowledge base with the latest policy changes and ensuring its information aligns with official sources. (B)</p> Signup and view all the answers

What ethical concern is most directly related to the use of unreliable AI in healthcare?

<p>Patient safety, misdiagnosis, and the potential for AI to exacerbate health inequalities. (C)</p> Signup and view all the answers

What broader concern is raised by the incidents involving Grok AI, MyCity chatbot, and Air Canada's virtual assistant regarding the use of AI in public-facing roles?

<p>The potential for erosion of public trust due to AI-generated misinformation and the need for accountability in AI systems. (C)</p> Signup and view all the answers

Which factor is consistently identified as a 'common thread' in various AI failure incidents?

<p>Poor or biased training data. (C)</p> Signup and view all the answers

Besides data quality, what is another significant technical factor contributing to AI system failures?

<p>Faulty algorithm design or inadequate testing. (D)</p> Signup and view all the answers

How might AI failures in critical sectors, like healthcare and law, influence public perception and trust in AI technologies?

<p>By increasing scrutiny, regulation, and a more cautious approach to AI deployment. (C)</p> Signup and view all the answers

What is a key step organizations can take to mitigate the risk of AI failures and their associated ethical implications?

<p>Investing in diverse, accurate datasets and rigorous testing protocols. (D)</p> Signup and view all the answers

What is the most significant implication of AI 'hallucinations' in professional fields such as law?

<p>Erosion of trust in AI as a reliable tool due to potential misinformation. (A)</p> Signup and view all the answers

What ethical concern arises when an AI chatbot provides outdated information regarding bereavement fares?

<p>It undermines the reliability of AI systems and can cause emotional or financial distress. (B)</p> Signup and view all the answers

Considering the cases presented, what is a proactive measure companies should implement to prevent ethical issues when using AI systems?

<p>Implement comprehensive human oversight and regular testing of AI systems. (D)</p> Signup and view all the answers

What was the primary reason for McDonald's terminating its AI drive-thru experiment?

<p>Numerous errors in processing customer orders (A)</p> Signup and view all the answers

What action did Grok AI falsely accuse NBA star Klay Thompson of?

<p>Vandalism (C)</p> Signup and view all the answers

What was the main ethical concern highlighted by the McDonald's AI drive-thru incident?

<p>Customer frustration and potential discrimination (B)</p> Signup and view all the answers

What triggered Grok AI's misinterpretation leading to the false accusation?

<p>Misunderstanding of colloquial language (A)</p> Signup and view all the answers

What is a key factor that contributes to AI failures, as highlighted in the provided content?

<p>Inability to grasp context and nuance (B)</p> Signup and view all the answers

What was a primary cause of the Air Canada chatbot providing inaccurate information?

<p>Outdated information in the AI's knowledge base (D)</p> Signup and view all the answers

What type of discriminatory practice did iTutor Group's AI recruitment tool engage in?

<p>Discrimination based on age (B)</p> Signup and view all the answers

What was the primary issue with ChatGPT's use in legal research?

<p>It generated non-existent court cases (D)</p> Signup and view all the answers

What is a common term used to describe AI generating plausible but false information?

<p>Hallucinating (D)</p> Signup and view all the answers

What is a major ethical concern about using AI in healthcare?

<p>Potential for misdiagnosis (A)</p> Signup and view all the answers

What is often a consequence of 'rushed deployment' in AI projects?

<p>Inadequate real-world testing (A)</p> Signup and view all the answers

What is a critical element for reliable AI performance?

<p>Diverse, accurate datasets (B)</p> Signup and view all the answers

What factor is related to flawed AI systems being deployed prematurely?

<p>Insufficient human supervision (A)</p> Signup and view all the answers

Flashcards

Sources of Law

Laws from common law, legislation, and constitutional law.

Purpose of Rules of Evidence

Ensuring fairness, consistency, and predictability in the justice system.

Criminal Code of Canada

Federal law outlining criminal offenses and penalties.

Charter of Rights and Freedoms

Guarantees fundamental rights and freedoms (Constitution Act, 1982).

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Canada Evidence Act

Federal legislation governing evidence admissibility in court.

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Common Law

Law developed through judicial decisions over time.

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The Mohan Test

A test used to determine the admissibility of expert evidence.

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Fresh Evidence on Appeal

Allows for new evidence on appeal if it serves justice.

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Evidence Standard

Evidence needed to support that an electronic document is what it claims to be.

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Low Threshold (Authentication)

Authentication requires only 'some' evidence to establish authenticity.

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Public Documents

Official records considered reliable and accurate in legal proceedings.

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Admissibility Criteria (Public Documents)

To be admissible, a public document must be made by official doing a public duty and intended as a permanent record.

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Importance in Legal Proceedings

Streamlines admitting official records, reducing lengthy authentication.

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Charter Section 7

Guarantees life, liberty, and personal security.

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Charter Section 8

Protects against unreasonable search and seizure.

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Charter Section 10(b)

Right to counsel upon arrest or detention.

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Right to Silence

Protects the right to silence; ensures suspects make informed choices when speaking to police.

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Charter Section 11(c)

Right not to be compelled to testify against oneself.

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Exclusion of Evidence: Section 24(2)

Addresses when evidence obtained through Charter violations can be excluded from trial.

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Right to Counsel: Section 10(b)

The right to legal advice immediately upon being arrested or detained.

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R.v.Grant

A test used to decide if illegally obtained evidence will be admissible in court.

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Relevance (Evidence)

Evidence must be directly connected to the issues of the case.

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Probative Value

Evidence should increase the probability that a fact in the case is true.

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Authentication (Evidence)

Documents and electronic records need verification before being admitted as evidence.

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Hearsay Rule

Out-of-court statements offered as evidence are usually not allowed.

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Best Evidence Rule

Requires the original document be presented as evidence, with some exceptions for digital copies.

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Authentication Requirement

Ensuring the integrity and reliability of presented evidence.

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Judicial Discretion (CEA)

Power of judges to assess the weight of evidence, considering reliability and document circumstances.

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Witness Competency

Determines who is legally allowed to give testimony in court.

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Witness Compellability

Outlines circumstances under which individuals can be legally required to testify.

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Oath or Affirmation

Requirement for witnesses to swear truthfulness when giving evidence.

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Cross-Examination

Right to challenge a witness's testimony through questioning.

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Judicial Notice

Allows courts to accept certain facts as true without formal proof.

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CEA and Common Law

The CEA supplements, but does not replace, common law rules of evidence.

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Judicial Discretion (Evidence)

Judges can exclude evidence, even if technically admissible.

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Prejudicial Effect

Evidence must not unfairly prejudice a party.

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Fairness in Legal Process

Ensuring just treatment for all involved in a legal case.

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Integrity of Legal Process

Maintaining trustworthiness and reliability in legal proceedings.

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Modernized Evidence Presentation

The CEA allows more efficient evidence presentation.

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Enhanced Scrutiny of Expert Testimony

The CEA ensures expert evidence is reliable and necessary.

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Streamlined Admission of Public Documents

The CEA simplifies admitting official records into court.

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Character Evidence

Evidence about a person's character, usually not admissible.

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Lay Witness Opinion

A witness who can generally not offer opinions in court.

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Expert Witness Opinion

A witness who CAN give opinions based on their expertise.

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Electronic Evidence Authentication

The process of verifying the origin and reliability of digital information.

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Prejudicial Effect (Evidence)

Assessing if evidence's value outweighs potential unfair bias towards parties.

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Dying Declarations

Statements by someone who believes they are about to die, admissible as evidence.

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Excited Utterances

Spontaneous statements made during or immediately after a shocking or startling event.

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Present Sense Impressions

Descriptions of events made as they are happening or immediately after.

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Declarations Against Interest

Statements harmful to the speaker's interests when made, can be used as evidence.

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Preservation (Digital Evidence)

Protecting and maintaining digital evidence’s integrity from initial collection to court presentation.

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Evidence

Anything presented to prove or disprove a fact in a legal case.

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Corroboration

Additional support from another source confirming a witness's testimony.

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Burden of Proof

The obligation to present evidence to prove a fact in court.

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Inference

A conclusion reached based on reasoning from the evidence presented.

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Biased Output

Content from AI that discriminates unfairly based on prohibited grounds like race or gender.

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Confidential Business Information

Business information that is private, protected, and economically valuable.

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Harm

Physical, psychological, or economic damage to an individual.

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High-Impact System

AI system meeting regulatory criteria for high potential risk.

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Regulated Activity

Activities like data processing and AI system development in trade and commerce.

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Responsible Person (AI)

In international or interprovincial trade, persons who design, develop, make available, or manage AI systems.

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Anonymized Data Measures

Establishing measures for anonymizing, using, and managing data by those engaged in regulated activities.

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AI System Assessment

Those responsible must assess if an AI system poses high-impact risks.

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Risk Mitigation (AI)

Those managing high-impact AI systems need to identify, assess, and mitigate potential risks.

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General Record Keeping (AI)

Maintain records of AI measures and assessment reasons.

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System Description Publication

Those managing high-impact systems must post a clear description of the system on a public website.

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Notification of Material Harm

The person responsible for a high-impact system must report to the Minister as soon as possible if the system causes or will likely cause substantial harm.

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Ministerial Order for Records

The Minister can demand records related to high-impact systems under sections 10(1) and 10(2).

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Ministerial Order for Audit

The Minister can order an audit if they suspect violations related to high-impact systems.

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Audit Cost Responsibility

The audited party must pay for the audit, regardless of the findings.

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Cybersecurity Ethics

Principles guiding right and wrong conduct in cybersecurity.

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Values

Standards for evaluating what is good or desirable.

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Evaluative vs. Deontic

Evaluating goodness; norms/reasons address rightness.

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Positive Responses

Reasons to increase, respect, or admire something.

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Security (Value)

Protection against harm and threats.

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Privacy (Value)

Control over one's personal information.

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Accountability (Value)

Responsibility for actions and decisions.

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Instrumental Value (Security)

The value derived when security helps achieve other goals.

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Enabling Value (Security)

The value that states security is essential for a good life.

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Informational Privacy

Control over personal information.

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Decisional Privacy

Freedom from interference in personal choices.

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Spatial Privacy

Control over personal space and property.

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Bodily Privacy

Control over access to one's body.

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Intrinsic Value (Privacy)

Privacy that's essential for dignity, not just for other benefits.

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Instrumental Value (Privacy)

Privacy that protects from harm and enables other values.

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Transparency (Cybersecurity)

Openness about actions for cybersecurity.

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Security vs. Privacy (Conflict)

Monitoring for security can sometimes limit individual privacy rights.

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Privacy Enhancing Security

Privacy measures help security by reducing potential vulnerable points.

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Targeted Monitoring

Focusing on specific threats instead of broad data collection to balance security and privacy.

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Data Minimization

Collecting and keeping only the necessary information for security to respect privacy.

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Privacy by Design

Building privacy into security systems from the start.

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Privacy Supporting Fairness

Privacy helps prevent unfair treatment by limiting access to personal data.

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Accountability vs. Privacy (Tension)

Requires transparency, which can clash with keeping data private and secure.

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Selective Disclosure

Sharing security details only with certain oversight groups, not the public.

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Delayed Transparency

Releasing details on security steps after some time has passed, to balance secrecy and openness.

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AI Enforcement Issues

Challenges arise in enforcing regulations due to the complexity of AI systems.

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Ethical AI Integration

Integrating ethical considerations from the beginning of AI development to reduce risks.

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Diverse AI Teams

Ensuring diverse perspectives in AI creation helps spot and fix potential issues.

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Explainable AI (XAI)

Using XAI techniques, helps make AI decision making understandable.

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Ethical Innovation(AI)

Considering potential impacts from the start to balance innovation + safety.

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McDonald's AI Failure

McDonald's discontinued its AI drive-thru project due to order errors.

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Root Causes of AI Order Failure

Limitations in interpreting nuanced requests and real-world context.

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Ethical Concerns of AI Ordering

Questions about AI readiness, customer frustration, and potential bias.

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Grok's False Accusation

xAI chatbot Grok falsely accused Klay Thompson of vandalism.

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Grok's Misunderstanding

Misinterpreting "throwing bricks" (missing shots) as literal vandalism.

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Public Reaction to Grok Incident

Outrage and concerns about AI-generated misinformation.

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AI System Collaboration Failure

The system was developed in partnership with IBM but failed to meet real-world interaction demands.

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Root Cause (Grok AI)

Misunderstanding of context and colloquialisms by Grok AI, leading to critical information errors.

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Ethical Implication (Grok AI)

Potential for AI-generated misinformation causing reputational damage.

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MyCity Chatbot Misguidance

Chatbot advised business owners to take worker's tips, violating labor laws.

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Cause (MyCity Chatbot)

Inadequate training data or flawed algorithms, leading it to misinterpret legal information.

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Ethical Concern (MyCity)

Potential for AI systems to mislead users and cause legal troubles.

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Air Canada Chatbot Error

Chatbot gave incorrect advice about bereavement fare policies.

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Legal Consequence (Air Canada)

Ruling against Air Canada due to chatbot's erroneous information.

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AI Failure Areas

AI's critical failure points regarding context, training, algorithms, and legal oversight.

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AI Potential for Harm

Information that can be used to unfairly mistreat individuals.

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AI Information Accuracy

Inaccuracies in AI systems that can lead to unfair or harmful outcomes.

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Outdated AI Information

When outdated info in the AI's knowledge base, can cause the AI to provide inaccurate information, especially in important situations.

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AI Inaccuracy Ethics

An ethical problem from AI that involves giving wrong information in sensitive situations, raising concerns about AI reliability.

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Algorithmic Bias

Bias in AI systems from skewed data causing discrimination.

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Lack of AI Oversight

Not enough human checks and testing, leading to problems going unnoticed.

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Discriminatory AI Hiring

Using AI in hiring that unfairly discriminates.

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AI Fairness

The idea that AI should be fair and provide equal chances.

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AI Fabricated Cases

Fake court cases created by AI, leading to legal problems for the attorney.

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AI Reliability Risks

Risks from relying on AI for legal advice without checking the results.

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Lack of Real-Time Updates

Failure to keep AI systems updated with things like policy changes.

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AI Hallucinations

AI's generation of false but plausible information due to incomplete data.

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AI diagnostic failures

Failure of AI systems due to poor data quality, inadequate training, and rushed deployment.

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Ethical Responsibilities (AI)

The ethical duty of AI developers to communicate system limitations clearly.

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Data Quality Importance

Ensuring diverse, accurate datasets in AI training to avoid skewed results.

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Algorithm Flaws

Flaws in AI design or testing causing unexpected behaviors and errors.

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Lack of Oversight (AI)

Lack of human supervision allowing flawed AI systems to be deployed prematurely.

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Misinformation Impact

The impact of AI misinformation on legal proceedings and professional settings which raises concerns about reliability of AI.

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Healthcare Risks

When unreliable AI in healthcare leads to patient endangerment, health inequalities, and inaccurate diagnoses.

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Stringent validation

The process of verifying the origin and reliability of digital information.

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Deployment Rush

Rushing the development as well as the deployment of AI models leading to errors.

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Root Causes of McDonald's debacle

Limitations in natural language processing and handling complex, real-world interactions.

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Ethical concerns of AI Drive-thrus

Concerns about customer frustration, potential discrimination, and company responsibility.

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Grok AI's False Accusation

In April 2024, Grok falsely accused Klay Thompson of vandalism due to misinterpreting 'throwing bricks'.

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Grok's Misinterpretation

The basketball term 'throwing bricks' (missing shots) was misinterpreted as actual vandalism.

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AI Hiring Discrimination

The ethical and legal issues that arise when AI makes biased or discriminatory decisions in hiring, violating equal opportunity.

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AI Data Issues

Failure of AI models due to mislabeled data and inappropriate training sets.

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Ethical AI Development

Designing AI with consideration of ethical implications in the early stages.

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AI Algorithm Flaws

Unexpected AI behaviors and errors due to flawed designs or inadequate testing.

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Contextual Understanding (AI)

AI's difficulty understanding nuance leads to failures.

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Trust and Reliability (AI)

Loss of confidence in AI due to failures.

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Fairness and Discrimination (AI)

AI bias can worsen societal inequalities.

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Accountability (AI)

Lack of clear responsibility in AI development.

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Transparency (AI)

The need for openness in AI decision-making.

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Study Notes

  • This module focuses on the Law of Evidence within the Canadian Legal System.

Introduction

  • Sources of law include common law, legislation, and constitutional law.
  • Key terms like evidence, admissibility, and weight must be understood.
  • Core concepts are proof, presumptions, and inferences.
  • Rules ensure fairness, consistency, and predictability in the justice system.

Sources of Law

  • The Criminal Code of Canada outlines criminal offenses and their penalties.
  • The Canadian Charter of Rights and Freedoms (Constitution Act, 1982) guarantees fundamental rights and freedoms.
  • The Canada Evidence Act governs the admissibility and weight of evidence in court.
  • Common law is developed through judicial decisions over time.

Evidence in the Criminal Code of Canada

-Evidence in the Criminal Code of Canada. A comprehensive overview of evidence in the Criminal Code of Canada.

The Mohan Test: Cornerstone of Expert Evidence Admissibility

  • Relevance is when the evidence must be relevant to the case at hand.
  • A necessity is that the evidence must assist the drier of the fact in understanding the relevant complex issues.
  • No Exclusionary Rule means the evidence must not be subject to any exclusionary rule.
  • Qualified Expert - The witness must be properly qualified as an expert in their field.

Two-Step Process for Expert Evidence Admissibility

  • Step 1: Preconditions Assessment involves evaluating if the evidence meets the four Mohan criteria.
  • Step 2: involves Gatekeeper Analysis weighing the potential benefits against possible harm of admitting the evidence.
  • A Judicial Decision is made based on the analysis where a judge decides whether to admit the expert evidence.

Fresh Evidence on Appeal: Section 683

  • Interests of Justice: The Criminal Code allows for the admission of fresh evidence on appeal if justice is served this way.
  • Discretionary Power: Courts decide what constitutes the 'interests of justice' in each case.
  • There must be a balancing act where Judges must balance the need for finality in proceedings with the pursuit of justice.

Liberal Approach to Evidence in Constitutional Cases

  • Extrinsic Evidence is allowed when courts often admit legislative history and social science research to provide context in constitutional challenges.
  • It is important to consider the Charter Challenges A more permissive approach is taken when dealing with cases involving potential violations of the Canadian Charter of Rights and Freedoms.

Admissibility Threshold in Constitutional Cases

  • Evidence must be "not inherently unreliable or offending against public policy."
  • Key considerations are Public Policy, Reliability and Relevance must be assessed when reviewing evidence
  • This allows for courts having access to a wide range of relevant information when rulings are made that would impact fundamental freedoms

Establishing Harm for Criminal Prohibitions

  • Reasoned Apprehension of Harm is Sufficient to justify criminal prohibitions
  • Contextual Evidence of research both social and scientific is considered in each case
  • Definitive Scientific Proof is then applied through further justice, but not before those previous factors are assessed.

Specific Evidentiary Provisions in the Criminal Code

  • Offences can be reviewed based on a criminal code from provided by the governing law and specific legislation.
  • It is important to also assess balancing interests in how the case will be considered to ensure there are fair and balanced with both the justice system and the involved stakeholders with the pursuit of justice.
  • Specific examples can highlight that there special guidelines being in place highlight the importance of expert testimony.

Constitutional Protections in Canadian Evidence Law

  • The document emphasizes the need to use of the Canadian Charter of Rights and Freedoms with the court and the parties involved. -Important sections to consider are listed below:
    • Section 7 is Right to life, liberty and security of the person
    • Section 8 is Protection against unreasonable search and seizure
    • Section 10(b) is Right to counsel upon arrest or detention
    • Section 11(c) is Right not to be compelled to be a witness against oneself

Admissibility and Charter Breaches

  • The document notes that courts can exclude evidence obtained through Charter violations, with the main factors being:
    • A violation of Charter rights that exists
    • A link must me in place between the violation and the existing evidence
    • Courts assess the impact of admitting the evidence
    • Evidence may be excluded if it would bring administration of justice into disrepute.

Balancing Rights and Interests

  • Weighting Factors of the Court is key, by weighing balance Charter rights with societal interests in case adjudication.
  • Evidence is evaluated and assessed on a Case-by-Case Basis - each situation is evaluated individually, considering unique circumstances.
  • There must be existing Charter Protections in place, The Charter provides significant protections in criminal proceedings.

Impact on Evidence Collection

  • Law enforcement must be aware of Charter rights.
  • There must exising Compliance with Charater provisions
  • Law enforcement must document the evidence that they retain.
  • There is some form of regular review and training on Charter compliance that happens.

Common Law Rules of Evidence: Foundations of Admissibility (Continued)

  • Rules determine what evidence can be presented in court and outline exceptions.

Relevance: The Cornerstone of Admissibility (Continued)

  • Evidence must relate directly to issues in the case; this makes them pertinent to the facts at hand.
  • Probative Value - the Evidence should increase the likelihood of a proposition being true.
  • It is important to show Relevance in types of cases, such as criminal cases, civil litigation and family law

Authentication: Proving Genuineness (Continued)

  • Verification Required means all documents and electronic records need authentication before admission.
  • Authentication demonstrates the identification of an item is legitimate
  • Relying on Common law and statutory provisions
  • Authentication questions relate to Social Media Posts, Email Communications and Digital Signatures

Hearsay Rule: Out-of-Court Statements (Continued)

  • Typically, evidence cannot be provided unless approved or admitted on court proceedings.
  • Hearsay evidence typically inadmissible.
  • Hearsay evidence has pre-approved exceptions including:
    • Business records
    • Party admissions
    • Specific electronic records

Best Evidence Rule: Original Documents (Continued)

  • The source material or documents have to be proven relevant before being provided to the court.
  • The modification for electronic documents provides the admissibility of electronic copies or provides the best modification to follow a court order and has been authenticated.

Types of Evidence

Oral Evidence

  • Testimony that is given verbally in court by witnesses Real Evidence
  • Material objects or clothing make up real evidence. Opinion
  • Opinion will often be reviewed by different stakeholders to ensure this is properly and legally reviewed and can is applicable to cases involving scientific, medical, or technical matters to the court. Contracts
  • Other types of legal documents such as Contract

Character Evidence: Personality Insights

  • A person's personality traits will not able to be expressed or viewed in court, as judges often consider it something and too subjective to be expressed or viewed in court.
  • Some traits are given exceptions, but all personality's traits must be legally certified and checked

Key Concepts

  • Legal reasoning will inform the stakeholders the best outcome possible.
  • Legal reasoning process is never meant to change minds, only find the facts

Conclusion

  • Key concepts are employed to find evidence.

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Description

Questions about the Canadian Evidence Act (CEA), focusing on sections relating to the admissibility of electronic and public documents. Covers authentication standards, conditions for admissibility, and the role of the CEA in the legal system.

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