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Burden of Tendering Admissions When Identity is Disputed

In Burden of Proof, Evidence Law, Hearsay, Hearsay, Teaching Capsules, Theory and Principle, Theory and Principle by Peter SankoffLeave a Comment

Tendering admissions made by the defendant in a criminal case is easy – except when there is reason to dispute whether it was the defendant who actually made the statement. Then things can get complicated in a hurry. This Video Blog attempts to sift through some contradictory jurisprudence and provide a framework for admitting statements in these situations. If you …

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Principled Approach to Evidentiary Admissibility

In Evidence Law, Probative Value and Prejudice, Relevance, Teaching Capsules, Theory and Principle, Theory and Principle by Peter SankoffLeave a Comment

In this video blog, I look at the decision of the Ontario Court of Appeal in R v Khan, 2017 ONCA 114, and the division in the Court regarding how best to approach questions of evidentiary admissibility. Is it better to approach evidentiary problems with a system of rules and exceptions, or should a “principled approach” be adopted?  It’s a …

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