Evidence

This course will introduce the law governing the proof of facts in civil and criminal trials in Canadian courts. Upon completion of the course, students should have a broad understanding of the law of evidence in Canada, including its common law, statutory and constitutional elements.  The basic principles regulating the use and admissibility of evidence—including relevance, probative value, prejudice, and judicial discretion—will be examined in detail.  Specific topics covered will include burdens of proof, competency and compellability of witnesses, rules about introducing physical evidence and questioning witnesses, judicial notice, character evidence, hearsay, admissions and confessions, expert evidence and privilege.  Emphasis will be placed on the origins, purposes and justifications of evidence rules and the ways in which they operate in their legal and social context.