CRIM 330 Lecture Notes - Lecture 12: Canada Evidence Act, Spousal Privilege, Sex And The Law
8 Apr 2017
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Crim330 week 12: witnesses, hearsay, & its exceptions. Provide lawyers with fertile ground for cross-examination. If there is evidence to question competence then proponent must satisfy the judge as to. Some categories of witnesses should be excluded from testifying. Not all witnesses can be made to provide evidence. In addition to the duty to speak the truth. At c/l, children who do not understand the nature of an oath cannot testify. Children should not be regarded as inherently unreliable bc of their age. Adult tests of credibility should not be applied to children. Children <18 and others with disability may testify from behind screens (or via cctv) If necessary to obtain a full and candid account of a sex offence. Held: these procedures do not violate s. 7 or 11(d) ccrf. We are searching for the truth, these devices help us attain this goal: experiential capacity, emotional capacity. Experts (do not need to be present to testify)
