Evidence law publication
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Authors: Peter Sankoff and Alan W. Mewett (1999-2001)
Publisher: Carswell, Canada
Format: Two volumes looseleaf in binder, (2-3 supplements annually)
A complete treatment of the law of evidence as it applies to evidence given by witnesses in civil and criminal proceedings as well as before administrative tribunals, public inquiries and legislative committees. A practical reference work, providing coverage of evidentiary issues as they arise in these types of proceedings. Individual chapters examine testimonial evidence under the subject headings of competence, compellability, compelling attendance, refusal to give evidence, credibility, corroboration and privilege. Special topics receive specific coverage in chapters on the expert witness, the child witness, the adverse and hostile witness, witnesses before tribunals, and witnesses before Parliament.
Background and content
A comprehensive two-volume treatment of the substantive, procedural and evidentiary law relating to witnesses in civil, criminal, administrative and Parliamentary forums, first published in 1991 by Professor Alan Mewett. Peter began working on this text in 1997 and has been its sole author since Alan Mewett’s death in 2001.
Witnesses is frequently cited and its commentary adopted by Canadian court judgments, a recent sampling of which include: R v Strickland (Newfoundland and Labrador Court of Appeal, November 2013, adopting discussion on expert witnesses and the failure to object); JR v. University of Calgary (Alberta Q.B., August 2012, adopting discussion on when to draw adverse inference against failure to call witness); W. Bryant Shears Ltd. v. Sharmat Services (Newfoundland and Labrador Court of Appeal, March 2012, adopting position on excusing witness suffering from illness); R. v. Pattison (B.C. Supreme Court, December 2011, adopting discussion on hearsay); Polish Alliance of Canada v. Polish Association of Toronto (Ontario Divisional Court, July 2011, adopting position regarding communication with witnesses).
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Available online at Carswell/Thomson Reuters.AVAILABLE ONLINE
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