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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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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 …

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R vs HB: The Distinction Between Expert & Non-Expert Opinion

In Evidence Law, Opinion & Evidence, Opinion and Experts, Teaching Capsules by Peter Sankoff

In this video blog, I examine the decision of the Ontario Court of Appeal in R v HB, 2016 ONCA 953 which explores the distinction between expert and non-expert opinion evidence. This distinction, which isn’t always treated with the care it deserves, is extremely important. This blog explains what the problem is, and how it should be resolved.

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Self-Incrimination & Section 5(2) of CEA

In Charter of Rights and Freedoms, Evidence Law, My picks, Privilege, Privileges and Immunities, Teaching Capsules, Trial Procedures by Peter Sankoff

Most lawyers believe that the privilege against self-incrimination in proceedings where a witness is not on trial is completely encapsulated in section 13 of the Charter of Rights and Freedoms. I don’t believe this to be true. In this video blog, I explore a critical situation in which section 13 does NOT provide protection while section 5(2) of the CEA …