This course will introduce students to the law of evidence in Canada. It will examine how the common law, statutes, and the Constitution interact to govern the proof of facts in both civil and criminal trials. Topics to be addressed include: burdens of proof; the role of the trial judge in managing the introduction of evidence; methods of presenting evidence; witness competency and compellability; relevance; and the various exclusionary rules that operate to limit the kinds of proof that can be received at trial (i.e. the rules governing hearsay, privilege, expert opinion evidence, etc.). The course will engage ethical issues that arise in the context of evidence law. It will consider how some rules of evidence have evolved historically, and it will attend to the social, political, and institutional contexts in which evidence law operates. The course will encourage critical reflection on the theories, purposes, and justifications that animate evidentiary rules, and on how those rules impact different individuals and communities.
To prepare for each class, students will be asked to view pre-recorded lectures and/or complete assigned readings. Class time will be dedicated to further lectures, discussions, and practice exercises. Students will also complete 10 short online (eClass) exercises outside of class time, designed to help reinforce the material as the semester progresses. Those exercises will be graded on a complete/incomplete basis, for up to 5% of the course grade. All students will write the same sit-down final examination. Students may elect to complete an optional assignment (case comments), which will reduce the total value of the final examination from 95% to 75%. The optional assignment will include written and oral components. The oral component will take the form of individual discussions with the instructor.
Method of Evaluation:
Final examination: 95% OR 75%
Optional assignment (case comments): 0% OR 20%
eClass exercises: 5%.