Evidence

Introduction - Charter rights - Evidence obtained "in a manner" infringing or denying the Charter - The test for exclusion - Evaluating the seriousness of the state's Charter-infringing conduct -Assessing the impact on the Charter-protected interests of the applicant - Society's interest in an adjudication on the merits - Balancing the factors - Appellate review - Conclusion.

Part I: Search and seizure. Reasonable expectation of privacy in digital data - Search of devices - Accessing digital data - Private communications - - Part II: Disclosure. Disclosure of digital data - Disclosure in internet child exploitation cases - Practical constraints on crown and defence - - Part III: Use of evidence. Admissibility - Probative value -- Courtroom presentation

I. Introduction, II. Fundamental Principles, III. Commencement of Proceedings, IV. Assuming Jurisdiction, V. Pleadings, VI. Disposition Without Trial, VII. Motions in a Proceeding, VIII. Discovery, IX. Special Procedures, X. Pre-Trial Procedures, XI. Trials, XII. Costs, XIII. Appeals, XIV. Enforcement and Contempt Proceedings

This source describes and analyzes the law of expert evidence in Canada from both the civil and criminal law perspectives. It discusses issues of reliability and admissibility, and methodologies as they relate to use of expert evidence in Canada and the United States.

This text is Volume 15 in Emond’s Criminal Law Series and is an essential guide on how to both qualify and challenge experts in criminal cases, from start to finish. It serves as a concise, clear text addressing procedural, tactical, and strategic elements, both from the perspective of the defence and the crown.

This book presents a practical approach to analyzing a fact situation and applying these rules in a logically sequenced manner. The book also addresses strategies for the effective presentation of testimonial and documentary evidence in the context of court and tribunal proceedings.

The basics of admissibility and the evaluation of evidence - Character evidence : primary materiality - Hearsay - Opinion and expert evidence - Privileges, protections, and immunities - Self-incrimination - Improperly obtained evidence - Methods of presenting evidence - Evidence about credibility and reliability - Secondary materiality and your own witness - Rules relating to the use of admissible evidence - Table of Canadian Evidence Acts - Table of cases.

Also available in print. Call number KE8440 .L43 2018 LAW (Reserve)

The text offers a clear and concise explanation of the different types of evidence admissible in criminal cases, the rules excluding certain categories of evidence, and the exceptions to those rules.