Opinion Evidence at Trial
When an individual testifies as a witness their primary job is to testify about facts that are within their knowledge. Generally speaking, the court is not interested in a witness’s opinion on particular facts. That is because, in general, witnesses are not experts capable of making an informed opinion on a particular matter. Moreover, statement by witnesses based on their opinion alone can be very confusing for the jury. The jury may be tempted to substitute the witness’s opinion on the value of facts presented at evidence for their own opinion or inferences. Because of this, opinion evidence is generally inadmissible at trial. This means that witnesses are prohibited by the rules of evidence from asserting their own opinion as part of their oral testimony. There are two exceptions to the rule against opinion evidence. The first exception pertains to everyone and the second exception pertains only to individuals who…
The Doctrine of Common Intention
An individual may be liable for those offences which he she does not commit as a principle offender but in which he or she plays a part in committing. When…
Formal Admissions
While preparing for a criminal trial, the accused individual and his or her criminal defence lawyer will receive a statement of the prosecution’s case against the accused. Before the trial…
What is Hearsay Evidence?
The rules of evidence dictate what evidence is admissible at a criminal trial. For example, evidence may be deemed inadmissible because it is unreliable, potentially contaminated or has the potential…
Police Torture Tactics
Toronto Police torture tactics drew attention when in 2009 the Ontario Court of Appeal marked a critical judgment on “tortuous” police conduct on two suspects to obtain evidence. In the…
What are the Different Types of Search...
Canadian criminal law is concerned with balancing society’s interest in preventing and punishing harm with preserving respect for the liberty and privacy rights of individuals. This tension is particularly relevant…
Section 12 of The Charter of Rights and...
Section 12 of the Canadian Charter of Rights and Freedoms guarantees every individual “a right not to be subjected to any cruel and unusual treatment or punishment”. Though s. 12…
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