Evidence

Quick Info
(2490.04)  Course
Instructor(s)
Professor P. Paciocco
Winter
4 credit(s)  4 hour(s);
Presentation
Lectures; in-class discussions; practice exercises.
Upper Year Research & Writing Requirement
No
Praxicum
No

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.  

Note: This course has been selected as an ongoing eLearning Pilot Course. It will be delivered as a fully virtual course, through Zoom. The course will be delivered using a mix of asynchronous (i.e., pre-recorded) and synchronous lectures.