Evidence and Canadian Legal System PDF

LAWG 200: Security Practice and the Canadian Legal System Module 2: The Law of Evidence by SAIT School of Business Introduction Sources of Law Purpose of Rules Common law, legislation, and To ensure fairness, constitutional law. consistency, and...

LAWG 200: Security Practice and the Canadian Legal System Module 2: The Law of Evidence by SAIT School of Business Introduction Sources of Law Purpose of Rules Common law, legislation, and To ensure fairness, constitutional law. consistency, and predictability in the justice system. Terms and Definitions Key Concepts Understanding key Proof, presumptions, and terminology, like evidence, inferences. admissibility, and weight. Sources of Law Criminal Code of Charter of Rights Canada Evidence Act Common Law Canada and Freedoms Federal legislation Body of law developed Federal legislation that Part of the Constitution Act, governing the admissibility through judicial decisions outlines criminal offenses 1982, guaranteeing and weight of evidence in over time. and their penalties. fundamental rights and court. freedoms. Evidence in the Criminal Code of Canada: A Comprehensive Overview Here we briefly examine the role of evidence in the Criminal Code of Canada. The Mohan Test: Cornerstone of Expert Evidence Admissibility 1 Relevance 2 Necessity The evidence must be It must assist the trier of relevant to the case at fact in understanding hand. complex issues. 3 No Exclusionary Rule 4 Qualified Expert The evidence must not be The witness must be subject to any exclusionary properly qualified as an rule. expert in their field. Two-Step Process for Expert Evidence Admissibility Step 1: Preconditions Assessment Evaluate if the evidence meets the four Mohan criteria. Step 2: Gatekeeper Analysis Weigh the potential benefits against possible harm of admitting the evidence. Judicial Decision Based on the analysis, the judge decides whether to admit the expert evidence. Fresh Evidence on Appeal: Section 683 Interests of Justice Discretionary Power The Criminal Code allows for Courts have discretion in the admission of fresh determining what constitutes evidence on appeal if it the 'interests of justice' in serves the interests of each case. justice. Balancing Act Judges must balance the need for finality in proceedings with the pursuit of justice. Liberal Approach to Evidence in Constitutional Cases Extrinsic Evidence Charter Challenges Courts often admit legislative A more permissive approach is history and social science taken when dealing with cases research to provide context in involving potential violations of the constitutional challenges. Canadian Charter of Rights and Freedoms. Admissibility Threshold in Constitutional Case Evidence must be "not inherently unreliable or offending against public policy." 1 Public Policy 2 Reliability 3 Relevance This lower threshold allows for a more comprehensive examination of constitutional issues, ensuring that courts have access to a wide range of relevant information when making decisions that could impact fundamental rights and freedoms. Establishing Harm for Criminal Prohibitions Reasoned Apprehension of Harm 1 Sufficient to justify criminal prohibitions Contextual Evidence 2 Social and scientific research considered Definitive Scientific Proof 3 Not required for justification This approach allows for a more flexible and responsive legal system, capable of addressing potential harms before they become widespread or irreversible. Specific Evidentiary Provisions in the Criminal Code Offense-Specific Rules The Criminal Code contains tailored evidentiary provisions for particular offenses. Balancing Interests These provisions aim to balance the rights of the accused with the pursuit of justice. Polygamy Example Specific guidelines exist for evidence related to polygamy cases. These specialized provisions reflect the complex nature of certain crimes and the need for carefully calibrated evidentiary standards to ensure fair trials while protecting societal interests. Constitutional Protections in Canadian Evidence Law The Canadian Charter of Rights and Freedoms safeguards crucial rights in legal proceedings. This presentation explores key sections and their impact on evidence collection and admissibility. Key Charter Sections Section 7 Section 8 Right to life, liberty and security of the person Protection against unreasonable search and seizure Section 10(b) Section 11(c) Right to counsel upon arrest or detention Right not to be compelled to be a witness against oneself Exclusion of Evidence: Section 24(2) 1 Exclusion Decision 2 Charter-infringing State Conduct 3 Impact on Charter-protected Interests 4 Society's Interest in Adjudication Courts can exclude evidence obtained through Charter violations. The test for exclusion, as outlined in R. v. Grant, considers these factors. Right to Silence: Section 7 Protection Interaction with Section 10(b) The right to silence is protected under Section 7 of the This right operates in conjunction with the right to Charter. It ensures suspects can make informed choices counsel under Section 10(b). Together, they safeguard an about speaking to police. individual's choices during police interactions. Search and Seizure: Section 8 Protection Reasonableness Section 8 guards against Courts determine if a search unreasonable search and was reasonable based on seizure, a crucial privacy specific circumstances. safeguard. Exclusion Evidence from unreasonable searches may be excluded under Section 24(2). Right to Counsel: Section 10(b) 1 Arrest or Detention The right to counsel is triggered immediately upon arrest or detention. 2 Informing the Individual Authorities must inform the individual of their right to counsel without delay. 3 Access to Counsel The individual must be given the opportunity to retain and instruct counsel. 4 Potential Exclusion Violation of this right may lead to exclusion of evidence obtained as a result. Admissibility and Charter Breaches Charter Breach A violation of Charter rights must occur. Connection There must be a link between the breach and evidence obtained. Evaluation Courts assess the impact of admitting the evidence. Decision Evidence may be excluded if it would bring administration of justice into disrepute. Balancing Rights and Interests Weighing Factors Courts balance Charter rights with societal interests in case adjudication. Case-by-Case Basis Each situation is evaluated individually, considering unique circumstances. Charter Protections The Charter provides significant protections in criminal proceedings. Impact on Evidence Collection Awareness 1 Law enforcement must be aware of Charter rights. Compliance 2 Evidence collection procedures must comply with Charter provisions. Documentation 3 Proper documentation of evidence collection is crucial. Review 4 Regular review and training on Charter compliance is necessary. Judicial Interpretation Evolving Landscape 1982 Charter Enacted The Canadian Charter of Rights and Freedoms was enacted, revolutionizing evidence law. 24 Key Section Section 24(2) empowers courts to exclude evidence from Charter violations. 2009 Grant Decision R. v. Grant established the current test for evidence exclusion. Conclusion: Protecting Rights and Justice Robust Protections Balanced Approach The Charter provides strong Courts carefully weigh safeguards for individual Charter rights against rights in legal proceedings. societal interests in each case. Ongoing Evolution Canadian evidence law continues to develop through judicial interpretation and application. Evidence Under the Canada Evidence Act Welcome to this comprehensive overview of evidence under the Canada Evidence Act (CEA). This federal statute governs the rules of evidence in Canadian courts, playing a crucial role in our legal system. Throughout this presentation, we'll explore key aspects of the CEA, its interaction with common law, and its impact on various types of evidence. Admissibility of Electronic Documents 1 Authentication 2 Burden of Proof Requirement The party seeking to admit Section 31.1 of the CEA an electronic document has addresses the authentication the burden of proving its of electronic documents, authenticity. including video recordings and digital data. 3 Evidence Standard 4 Low Threshold Authentication requires The standard for evidence capable of authentication is relatively supporting a finding that the low, requiring only some electronic document is what evidence of authenticity. it purports to be. Public Documents Admissibility Criteria Importance in Legal Proceedings Section 23 of the CEA provides for the Public documents play a crucial role in admissibility of public documents under many legal proceedings, offering a specific conditions. To be admissible as a reliable source of information that is public document, it must meet the presumed to be accurate and authentic. following Made by acriteria: public official in the discharge of a public duty This provision in the CEA streamlines the process of admitting official records into evidence, reducing the need for lengthy Intended as a permanent record authentication procedures for widely recognized public documents. Available for public inspection Expert Evidence Judicial Gatekeeping 1 Courts have a crucial role in determining admissibility Statutory Criteria 2 CEA provides specific guidelines for expert evidence Common Law Principles 3 Incorporates established legal precedents Relevance and Necessity 4 Expert evidence must be relevant and necessary Properly Qualified Expert 5 Expert must have recognized qualifications The CEA works in conjunction with common law principles to ensure that expert evidence is both reliable and helpful to the court. This multi-layered approach helps maintain the integrity of expert testimony in Canadian legal proceedings. Hearsay Evidence CEA and Hearsay While the CEA doesn't directly address hearsay, it interacts with common law rules on hearsay exceptions. Document Admissibility Documents may be admissible under specific exceptions to the hearsay rule, such as the public documents exception. Balancing Act Courts must balance the need for reliable evidence with the traditional exclusion of hearsay. Evolving Interpretations The interaction between the CEA and hearsay rules continues to evolve through case law and legal interpretation. Best Evidence Rule Modified Rule for Electronic Documents Flexibility in Modern Era The CEA modifies the common law "best evidence" rule for This modification recognizes the prevalence of electronic electronic documents, allowing for the admission of electronic documents in modern society and legal proceedings, providing copies under certain conditions. a more flexible approach to evidence admission. Authentication Still Required Judicial Discretion While allowing electronic copies, the CEA still requires proper Judges retain the discretion to assess the weight given to authentication to ensure the integrity and reliability of the electronic copies, considering factors such as reliability and the evidence presented. circumstances of document creation and storage. Witness Testimony 1 Witness Competency The CEA contains provisions related to witness competency, determining who is legally able to testify in court. 2 Compellability The Act also addresses witness compellability, outlining circumstances under which individuals can be required to testify. 3 Oath or Affirmation Witnesses must typically testify under oath or affirmation, as specified in the CEA, to ensure truthfulness. 4 Cross-Examination The Act supports the right to cross-examine witnesses, a crucial aspect of the adversarial legal system. Judicial Notice Section 17 Provision Efficiency in Proceedings Section 17 of the CEA allows courts to This provision enhances judicial efficiency take judicial notice of certain facts by eliminating the need to prove widely without formal proof. known or easily verifiable facts. Scope of Application Judicial Discretion Judicial notice typically applies to Judges must use discretion in applying indisputable facts, such as laws, judicial notice to maintain fairness and government regulations, or widely prevent undue influence on proceedings. accepted scientific principles. Relationship with Common Law CEA Coexistence 1 The CEA does not replace all common law rules of evidence. Section 31.7 Specification 2 This section clarifies the Act's relationship with existing legal principles. Limited Scope 3 The Act primarily affects rules relating to authentication and best evidence. Common Law Continuity 4 Many traditional evidence rules remain in effect alongside the CEA. This balanced approach ensures that the CEA enhances rather than disrupts the existing legal framework, providing clarity in specific areas while maintaining the flexibility of common law principles. Discretionary Powers of Judges Judicial Authority Considerations for Exclusion Judges retain discretionary powers to exclude evidence, Potential prejudicial effect of evidence even if it meets the technical requirements for Limited probative value admissibility under the CEA. This authority allows for a Fairness to all parties involved nuanced approach to evidence admission, considering Overall integrity of the legal process factors beyond mere technical compliance. Practical Implications of the CEA Modernized Evidence Enhanced Scrutiny of Streamlined Admission of Presentation Expert Testimony Public Documents The CEA's provisions on electronic The Act's approach to expert evidence The CEA's provisions on public documents have revolutionized how ensures that only reliable and documents have simplified the evidence is presented in court, necessary expert testimony is process of admitting official records, allowing for more efficient and admitted, improving the quality of reducing time and resources spent on comprehensive presentations. information presented to the court. authentication procedures. Conclusion: The CEA's Role in Canadian Justice Balanced Framework Modernization of Legal Processes The Canada Evidence Act provides a comprehensive yet It adapts traditional evidence flexible framework for evidence rules to modern realities, admissibility in Canadian courts. particularly in the realm of electronic documents and expert testimony. Judicial Discretion Ongoing Evolution The Act maintains the crucial As legal practices and role of judicial discretion, technologies continue to evolve, ensuring that justice is served the CEA's interpretation and beyond mere technical application will likely continue to compliance. develop through case law and potential amendments. Common Law Rules of Evidence: Foundations of Admissibility This presentation explores the fundamental principles that determine what evidence can be presented in court. We'll examine ten key aspects of evidence law, their applications, and exceptions. Relevance: The Cornerstone of Admissibility Pertinent to Facts Probative Value Evidence must relate It should increase the directly to the issues at likelihood of a proposition hand in the case. being true. Pleading Alignment Evidence unrelated to pleadings is inadmissible. Authentication: Proving Genuineness Verification Required All documents and electronic records need authentication before admission. Proving Identity Authentication demonstrates that an item is what it claims to be. Electronic Documents Authentication governed by common law and statutory provisions like Canada Evidence Act. Hearsay Rule: Out-of-Court Statements General Rule Exceptions Hearsay evidence is typically inadmissible in court Business records proceedings. Party admissions Specific electronic records Best Evidence Rule: Original Documents 1 Traditional Approach Originally required production of original documents in court. 2 Digital Evolution Rule modified to accommodate the nature of electronic information. 3 Statutory Guidance Laws like Canada Evidence Act provide guidelines for electronic records.