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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 Sankoff0 Comments

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.

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The Exception to Traditional Hearsay Exceptions (10mins)

In Evidence Law, Hearsay, Hearsay, Teaching Capsules by Peter Sankoff1 Comment

In this video blog, I address the Ontario Court of Appeal’s recent decision in R. v. Lougaranth, 2016 ONCA 550, which addresses one question: in what circumstances can hearsay that comes within the confines of a traditional hearsay exception nonetheless be excluded?  If you are new to your understanding of the residual exception to the hearsay rule, I strongly suggest you …