The Law Of Evidence In Canada

The “Principled Approach” and “Charter Values”, adopted by the Supreme Court of Canada, have infused virtually every facet of Evidence Law, as we continue to move away from a Rules-based system to one that is rooted in principle.
The word “Rules” itself connotes strict adherence and arbitrary application. In many circumstances, such slavish following of Rules has led to the exclusion of much reliable evidence and, conversely, the admission of unreliable and prejudicial evidence. This has resulted in injustices, wrongful convictions and unjust acquittals alike. A better understanding and proper application of principles should do much to avoid such consequences.
This edition of The Law of Evidence in Canada tracks these developments and, we hope, contributes to a greater appreciation of these principles.