Purpose of Evidence

Question 1

What is the 1st purpose of the Law of Evidence?

Answer 1

Enhancing the Search for truth

Question 2

What is the 2nd purpose of the Law of Evidence?

Answer 2

Ensuring Justice/ Fairness

Question 3

Is it a Charter right for the accused to be entitled to the most favourable procedure that could possibly be imagined?

Answer 3

No (R v Darrach)

Question 4

True or False:

Fairness for the search for the truth is not just fairness for the accused?

Answer 4

True

Question 5

What is a bright-line rule? And what case was it considered?

Answer 5

I was considered in R v S(N) –> Sexual assault of a Muslim woman who wore a Niqab

Question 6

How is Evidence regulated?

Answer 6

By Rules of admissibility

Question 7

What are limiting instructions?

Answer 7

When a judge provides instructions on how evidence can and cannot be used ( R v Lawes)

Question 8

Rather than excluding evidence, limiting it is called the ________ approach

Answer 8

Middle-ground approach

Question 9

True or false: Because of SCP Lawyers can conceal and not disclose incriminating physical evidence in their possession?

Answer 9

False –> Rule 5.1-2a

Question 10

True or False: A Lawyer has to disclose if there is imminent hard

Answer 10

True

Question 11

True or False: Physical evidence is communication

Answer 11

False: Physical evidence is NOT communication

Question 12

Descouteaux v Mierzwinski: sets out when SCP is triggered. What are the four requirements?

Answer 12

1) By seeking Legal advice
2) Must be a Lawyer
3) Communication
4) Expectation of confidentiality