ECE1065 Lecture Notes - Lecture 2: Canada Evidence Act, Voir Dire, Hostile Witness
23 Mar 2016
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Interview 95% subject vs. 5% officer , asking open ended questions and listening, close ended questions at the end for clarification. Mental passivity can occur if an officer asks too many questions, subject will wait for prompts. In an interview, an officer must let the subject do most of the talking. The difference between statements from the accused and witnesses is that statements from the witnesses are hearsay evidence and are inadmissible in court; accused statements are admissible in court. Hearsay evidence statements from anybody, whether from accused or witnesses. The exception of hearsay is statements from the accused, dying declaration, khan ruling. Reliability, will allow hearsay evidence to be admissible in court, the khan ruling can be used for any offence if it fits. Exclusionary rules: hearsay, 24(2) bringing the justice system into disrepute, bad character, opinion. Prio-testimony any testimony in court that is said is a hearsay exception.
