Canadian Criminal Evidence

This book is a reference for practitioners, police officers, and law students who need a convenient way to look up legislation, principles, and case law. The reader is assumed to already have a knowledge of criminal law.

There is no guarantee whatsoever as to the accuracy, completeness, or currency of the information provided in this or any other companion text. Nothing here should be taken as legal advice.

For recent developments on these series of books see News on Canadian Criminal Law series.

CAUTION: this wikibook ceased active development in 2012. A more up-to-date branch of this text can be found at http://criminalnotebook.ca. 

Contents

• Introduction

Basic Principles

• Acceptance of Evidence
• Standard of Proof
• Burden of Proof
• Proving Facts
  • Inferences
  • Recent Possession
  • Judicial Notice

Forms of Evidence

• Real Evidence
• Documentary Evidence
  • Public and Judicial Documents
  • Private Documents
    • Business Records
    • Financial Institution Records
• Testimonial Evidence
  • Competence and Compellability
  • Refreshing Memory

Limits on the Admissibility of Evidence

• Credibility
  • Collateral Fact Rule
  • Prior Consistent Statements
  • Prior Inconsistent Statements
  • Post-Offence Conduct
  • Criminal Record
  • Disreputable and Unsavoury Witnesses
• Character
  • Character of Accused
  • Similar Fact Evidence
  • Alternative Suspect Evidence
• Hearsay
  • Traditional Exceptions
  • Principled Exception
• Admissions and Confessions
  • Admissions
  • Confessions
  • Voluntariness
  • Right Against Self-crimination
• Privilege

Appendix

• Hearsay Applications
• Model Examinations