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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 Sankoff

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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Burden of Proving Mental Disorder (10mins)

In Burden of Proof, Case Comments, Charter of Rights & Freedoms, Core Principles, Criminal Law, Evidence Law, NCRMD by Peter Sankoff

In this video blog, I examine the British Columbia Supreme Court’s decision in R. v. Eligu, 2016 BCSC 1487, which addresses a constitutional challenge to section 16(4) of the Criminal Code, the clause that requires applicant’s to prove a mental disorder defence. This case revisits the Supreme Court’s 1990 decision of R. v. Chaulk.