CRMN 3053U Lecture Notes - Lecture 6: Canada Evidence Act, Actus Reus, Exclusionary Rule
1 Oct 2018
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Document Summary
Framework for understanding: types of evidence, the charter and exclusion of evidence, general rules regarding witnesses, exclusionary rules (e. g. , privilege, hearsay, etc) Where are the sources of the law of evidence: common law rules. Existed through body of traditional decisions: statutes: canada evidence act, criminal code, other statutes, historic need for evidence rules: To facilitate adversarial process (e. g. , importance of cross-examination) To prevent jurors from being unduly swayed by unreliable or prejudicial evidence. Expert witnesses: real evidence (physical objects) Gun used to commit the alleged offence, drugs: commissioned evidence. If witness cannot attend trial their recorded testimony can be read into evidence at trial. Types of evidence: by purpose: direct = proves a fact, circumstantial = proves one fact, from which another can be inferred, demonstrative = ex. pictures of a crime scene, illustrative = supports or explains other evidence. Section 7 = rights to life, liberty & security of person (includes right to silence)
