Cases are decided by a Judge sitting without a jury, or, by a jury whose role it is to determine the facts of what occurred (the act(s)) aided by the legal instructions of the Judge. With the Judge’s assistance the jury will only consider evidence that the Judge determines to be admissible by law. Before the jury renders its verdict, the Judge will instruct them on the law to assist them in making their decision. Jurors may sit as a group of twelve, or, occasionally, particularly in cases that are expected to require several weeks of testimony, as a group of thirteen or fourteen persons.
Continue reading “Evidence Presented to Whom?”
Presenting Evidence
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| Patrick Ducharme |
The evidence in criminal cases is always presented by the prosecutor first. The prosecution is required to prove its case beyond a reasonable doubt, and therefore, it is the prosecutor’s obligation to present the evidence in support of guilt. This is referred to as the burden of proof. The defence need not produce any evidence if the prosecutor fails to meet this burden of proof. An accused person can never be forced to give evidence.
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Exhibits
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| Patrick Ducharme |
Exhibits, marked and entered into evidence at trial, often present cogent, colourful, believable and powerful evidence. Mark Twain once admonished readers to, “believe nothing you hear and only half of what you see”. His comment may be an exaggeration just as ‘a picture is worth a thousand words’. But both comments make this point: virtually any demonstrative evidence is more interesting to jurors than most oral testimony, and, is commonly considered more reliable than oral testimony.
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Relevance of Evidence
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| Patrick J Ducharme |
When we speak of relevant evidence we are speaking not just about whether there is a logical connection between the evidence and the fact in issue, but also, whether on an evaluation of the evidence, it is sufficiently probative to justify its admission despite whatever prejudice might flow from its admission. Consequently, trial Judges have discretion to exclude relevant and material evidence in circumstances where its probative value is outweighed by its prejudicial effect.
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Evidence: General Principles
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| Patrick Ducharme |
The law of evidence plays a fundamental role in our trials: it determines the admissibility of all evidence by identifying the information the triers of fact are allowed to consider. The Supreme Court of Canada in R. v. Jarvis1 raised the relevancy of evidence to the level of a protected Charter right by concluding that it is a fundamental principle of Justice that relevant evidence should be available to the trier of fact in the search for the truth. It is perhaps for this reason that the Supreme Court of Canada has adopted a purposive approach to the admissibility of evidence. In doing so, the court has moved away from the certainty of categories of admissible evidence to rules that permit discretion as to admissibility based upon a “principled approach” to admissibility.
Contents of Canadian Criminal Procedure Volume 2
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| Patrick J Ducharme |
Preface 2
CHAPTER ONE 12
The Rules of Evidence 12
Evidence: General Principles 12
Relevance of Evidence 13
Exhibits 16
Presenting Evidence 17
Evidence Presented to Whom? 17
The Method and Order of Presentation of Evidence 18
Note-Taking by Jurors 22
The Co-Conspirators’ Exception to the Hearsay Rule 23
Continue reading “Contents of Canadian Criminal Procedure Volume 2”
Preface to Canadian Criminal Procedure – Volume 2
Defence counsel is not the alter ego of the client. The function of defence counsel is to provide professional assistance and advice. He must, accordingly, exercise professional skill and judgment in the conduct of the case and not allow himself to be a mere mouthpiece for the client.
– G. Arthur Martin
Continue reading “Preface to Canadian Criminal Procedure – Volume 2”
Contents of Canadian Criminal Procedure Volume 1
The following are the contents of Volume 1 of Canadian Criminal Procedure. You can find more information on any topic covered by searching this Web site or by reading the book. We add more of Patrick Ducharme’s articles to this site every day.
Preface 2
Introduction 4
CHAPTER ONE
Continue reading “Contents of Canadian Criminal Procedure Volume 1”
Preface to Canadian Criminal Procedure, Volume 1
At the time of this writing, people worldwide are suffering the stress, fears, and anxiety that one would expect after two years of coping with COVID-19. Such fears extracted an emotional toll on both mind and body. It’s a frightening time. Businesses have been forced to close. Those that have tried to stay open, or re-open safely, continue to struggle.
Continue reading “Preface to Canadian Criminal Procedure, Volume 1”
Canadian Criminal Procedure Volume 1 – Index of Cases
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| Patrick J Ducharme |
The following is an index of cases referenced in Volume 1 of Canadian Criminal Procedure:
Index of Cases
Bisaillon v. Keable [1983] 2 SCR 60 (SCC) 247
Borowski v. Canada (A.G.), [1989] SCJ No. 14 (SCC) 419
Brown v. Durham (Regional Municipality) Police Force (1998), 21 C.R. (5th) 1.(ONCA). 276
Canadian Dredge and Dock Company v. R., [1985] 1 SCR 662 (SCC) 307 Continue reading “Canadian Criminal Procedure Volume 1 – Index of Cases”