Prepare and Present Evidence Court Evidence

Question 1

Explain rules of evidence:

Answer 1

The rules that determine which facts surrounding the charge may be placed before the court.

Question 2

What legislation are the existing rules found?

Answer 2

The Canada Evidence Act
The Evidence Act- SK
Case Law

Question 3

When an offence has been committed and the accused is put on trial for the alleged offence, what are the two issues involved?

Answer 3

1) An offence has been committed.
2) The defendent is the person or one of the persons who committed it

Question 4

What are the three forms of evidence that are placed before the court? (To prove the accusations)

Answer 4

Testimony (witness testimony, officer testimony)
Documentary (photographs, permits, ID, Receipts)
Real (Firearms, Ammunition)

Question 5

What are the two sets of facts that become relevant when an accused pleads, “not guilty”?

Answer 5

1) The facts that establish the essential elements of the crime charged; and
2) The facts presented by the defendant to support their defense against the charge

Question 6

Explain the burden of proof:

Answer 6

He who alleges a fact must prove it.

Question 7

What does “Beyond a reasonable doubt” mean?

Answer 7

Means that after considering all the evidence presented during the trial, the judge or jury must be convinced that there is no reasonable doubt about the defendants guilt.

Question 8

Who is this burden placed on?

Answer 8

The crown/prosecution

Question 9

If the prosecution puts in all of its evidence and the court can conclude that the prosecution has proved “beyond a reasonable doubt”, what kind of case does this make?

Answer 9

A prima facia case (means evidence, if not rebutted, would be sufficient to prove a fact or an offence)

Question 10

What happens next when the Crowns case has been established?

Answer 10

The accused can either produce evidence/defence or will be convicted if the evidence goes unanswered.

Question 11

Once the crown establishes a prima facia case, what obligation does this place on the defence?

Answer 11

The defense should present evidence that challenges the case or creates reasonable doubt regarding one or more of the key facts in question. Must be sufficient evidence to raise reasonable doubt.

Question 12

What is the process to prove the facts in issue?

Answer 12

1. Types of Evidence
2. Presumptions
3. Judicial Notice

Question 13

What are the types of evidence?

Answer 13

Direct and Indirect (circumstantial)

Question 14

What is the Hodgins rule?

Answer 14

The circumstances must be consistent with guilt, and the facts are such as to be inconsistent with any other rational conclusion.

Question 15

What are the two types of presumption?

Answer 15

1. Presumptions of fact; and
2. Presumptions of law

Question 16

Explain presumptions of fact:

Answer 16

Rational conclusions which may be drawn from circumstantial evidence presented. All presumptions of fact are rebuttable.

Question 17

Explain the Presumptions of Law

Answer 17

Presumptions which are set out by statute that the courts are obliged to draw unless the statute makes it permissable.

Question 18

What are some examples in legislature about Presumptions of law that are rebuttable?

Answer 18

S 16(4) CCC: Every person is presumed not to suffer from a mental disorder so as to be exempt from criminal responsibility until the contrary is proved.
S 5 CCC: A person is presumed innocent until the contrary is proved.

Question 19

What are some examples in legislature about Presumptions of law that are irrefutable?

Answer 19

S 19 CCC: Ignorance of the law by a person who commits an offence is not an excuse for committing that offense.
S 150.1 CCC: consent of the victim not a defence for certain sexual offences of victim is under the age of 14

Question 20

What does the term “Judicial Notice” mean?

Answer 20

The court may take notice and accept a fact, as proved, without its being proven. (Ex. 32 days in a month)

Question 21

Explain Corrobation

Answer 21

Independent evidence which confirms not only that the offence was committed, but that the accused committed it or probably committed it.

Question 22

What is independent evidence?

Answer 22

New evidence from another source

Question 23

What is material?

Answer 23

Shows offence was committed and implicates the accused.

Question 24

What is Corroboration Desirable?

Answer 24

Evidence of accomplices, evidence of person of low moral character.

Question 25

What are some examples in legislature where Corroboration is required?

Answer 25

S133 CCC -perjury S 292 CCC- feigned marriage S 47(3)- treason and high treason

Question 26

What is the "Best Evidence Rule"?

Answer 26

Evidence as presented must be the best available and if the original evidence is available, it must be used.

Question 27

What is the Testimony example of the "Best Evidence Rule"?

Answer 27

A witness who gave evidence at a preliminary inquiry dies; certificates of analysis.

Question 28

What is the Documentary example of the "Best Evidence Rule"?

Answer 28

A document, subject of the charge, has been lost or destroyed

Question 29

What is the Real example of the "Best Evidence Rule"?

Answer 29

A poaching scene, out of doors, cannot be preserved (photo/videos can be used)

Question 30

Can use evidence of bad character/or prior convictions to prove the accused is the type of person to commit and offence?

Answer 30

No, it is inadmissable

Question 31

When is character evidence allowed?

Answer 31

If the defence adduced(presents) evidence on his own good character , evidence of prior convictions can be entered as evidence relevant to sentencing.

Question 32

Explain Hearsay:

Answer 32

Evidence which is based not on a witness's personal knowledge but on matters told to him/her by another person

Question 33

Why is Hearsay regarded as inadmissable (4 reasons)?

Answer 33

1. The person who originally made the statement was not under oath at the time it was uttered. 2. The person may not have accurately reported the situation. 3. The court had no opportunity to observe the demeanour of the person making the statement. 4. Opponent is unable to cross-exmaine

Question 34

What is Res Gestae?

Answer 34

- Spontaneous acts or words made immediately before, during or after the incident that are so closely related to the incident that they explain, add to, or form part of the incident.

Question 35

Are witness's allowed to give opinion evidence ?

Answer 35

No, a witness may not express his opinion in court regarding a matter about which the judges opinion would be valid. Although, a witness may express his opinion regarding matters about which only he would know.

Question 36

Who is capable to giving opinion evidence ?

Answer 36

Only persons who are qualified by some special skill, training or experience can be asked to their opinion about a matter in issue

Question 37

"Expert Witness":

Answer 37

Before such evidence is receivable, the qualifications of the expert to speak with authority on a matter in issue must be established in court.

Question 38

What section of The Evidence Act states judicial notice for proving evidence of statutes?

Answer 38

SS 40(1)

Question 39

What section of the Evidence Act states the certification of evidence?

Answer 39

SS 39(1) A certified copy of a document that is received in evidence has the same effect as the original would have if produced and proved.

Question 40

What section of the Evidence Act states the requirements for entering photographic film as evidence?

Answer 40

SS 51(1) Document was photographed in the course of an established practice of that business of photographing documents in order to keep a permanent record of them. And that there is a person who has knowledge of facts and is able to prove it.

Question 41

What section of The Evidence Act explains communication between spouses?

Answer 41

S 7 The spouses communication is confidential unless one or the other decides to disclose otherwise.

Question 42

What are the requirements for a person the testify?

Answer 42

S5, Every person is competent.

Question 43

What does the Act say about incriminating answers?

Answer 43

S9, no witness is excuse from incriminating answers and if the witness objects, they must answer but the answer must not be used as evidence or in the proceeding.

Question 44

What is the "Best Evidence" rule for submitting electronic records?

Answer 44

S 56, The best evidence rule is satisfied on the proof of the integrity of the electronic records system in or by which the electronic record was recorded or stored.

Question 45

What is an exception other than Res Gestae for Hearsays?

Answer 45

Voluntary statements made by the accused. Statements made in the presence and hearing of the accused and assented to by him or her.