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R vs Hart: New Test for Probative Value

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

In this video blog, I explore the Supreme Court of Canada’s decision in R v Hart, 2014 SCC 52, which addressed the admissibility of confessions made while the accused was being investigated by use of a “Mr Big” operation.  My interest here is not so much in these operations per se, but what the Court’s decision tells us about how …

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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 …