Principled Approach to Evidentiary Admissibility

In Evidence Law, Probative Value and Prejudice, Relevance, Teaching Capsules, Theory and Principle, Theory and Principle by Peter Sankoff

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 good question, and one I address in some depth. There are no easy answers here, as both approaches have benefits and drawbacks.