Character Evidence (Ch. 8)

Question 1

Evidence of past acts to prove that a person acted in a certain way

Answer 1

Character evidence

Question 2

the potential for a piece of proposed evidence to be misused (usually given too much weight) by the trier of fact

Answer 2

potential prejudice

Question 3

the degree to which a potential piece of evidence helps prove a proposition; the value or strength of a fact in proving what the party seeks to establish

Answer 3

probative value

Question 4

Provisions in the Criminal Code that forbid the admission of evidence of a complainant’s sexual history to support an inference that they are more likely to have given consent or are less worthy of belief

Answer 4

Rape shield provisions

Question 5

Evidence that shows that an accused committed similar offences in the past, which may be admitted provided that it is relevant in establishing an important matter other than the accused’s predisposition to commit that type of offence

Answer 5

Similar fact evidence

Question 6

When is similar fact evidence admissible?

Answer 6

When the prosecution can prove to the trial judge that the probative value is higher than the potential prejudice

Question 7

Prejudice that results from the admission of evidence of bad character showing the accused to be a morally bad person and leading the trier of fact to conclude they are guilty

Answer 7

moral prejudice

Question 8

This type of prejudice applies to evidence that, if admitted, may confuse or distract the trier of fact from the issue it must decide.

Answer 8

reasoning prejudice

Question 9

When the prosecution asks to stay and can start the case again within one year

Answer 9

prosecutorial stay
s. 579 Criminal Code

Question 10

pre-trial motion by the judge (when it’s done, it’s done)

Answer 10

judicial stay
s. 37.3 Canada Evidence Act

Question 11

evidence of an accused person’s psychiatric tendency to act a certain way

Answer 11

propensity or disposition evidence

Question 12

Why is a bad idea for a person with a criminal record to testify?

Answer 12

• their criminal record likely becomes admissible as evidence
• they can be cross-examined about their criminal record
• for rape cases with previous offenses, it’s too hard for the trier of fact to look past the previous offense, even if it had been 8 years