R vs Hart: New Test for Probative Value

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

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 probative value should be assessed in deciding whether to exclude evidence.