This course provides a comprehensive study of the law of evidence in Canada, using Evidence: Principles and Problems, 14th edition (Stuart, Tanovich & Dufraimont). Students will examine the core principles and rules governing the admissibility, exclusion, and use of evidence in both criminal and civil proceedings. Topics include relevance and judicial discretion to exclude, burdens of proof and presumptions, character evidence, hearsay and its exceptions, opinion and expert evidence, privileges, third-party records, and the intersection of evidentiary rules with Charter rights.
Drawing on leading Supreme Court of Canada and appellate decisions, scholarly commentary, and the text’s thought-provoking problem scenarios, the course bridges black-letter doctrine with practical courtroom application. Students will develop the analytical and advocacy skills necessary to identify evidentiary issues, make and respond to objections, and apply the rules strategically in trials and appeals. Emphasis is placed on professional judgment, ethical considerations, and the real-world operation of evidence law in Canadian courts.
This course will also 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.
By the end of the term, students will be equipped handle the doctrinal framework but also to navigate the tactical and ethical demands of evidentiary decision-making in practice.
To prepare for each class, students will be asked to complete assigned readings. Class time will be dedicated to further lectures, discussions, and practice exercises.
All students will write a sit-down in class final examination.
There is no optional assignment in this course.
Method of Evaluation:
Final examination: 70%
Attendance: 15%
Participation: 15%