DEFINITIONS
Testimony given by a properly qualified person with specific expertise in an area that is in issue before the court
What is an expert opinion?
This section of the Charter prevents the Crown from using incriminating evidence that was given by the accused in a prior proceeding against them in a subsequent proceeding
What is Section 13?
The prejudice that results from the admission of evidence of bad character showing the accused to be a morally bad person
What is moral prejudice?
An opinion given by an ordinary witness on a matter of ordinary experience
What is a layperson's opinion?
Privilege extended to communication on a case by case basis
What is privilege by case?
Evidence of the type of person someone is, as demonstrated by the person's past conduct
What is character evidence?
For the confession rule to apply, statements must be made to this type of person
Who is a person in authority?
The greatest degree of injustice will flow from the misuse of character evidence in this type of proceeding.
What is a criminal proceeding?
The number of expert witnesses permitted under the Canada Evidence Act.
What is 5?
Privilege based on the relationship between the communicator of information and the recipient
What is privilege by class?
An exception to privilege when the otherwise protected communication is necessary to establish a person's innocence
What is the innocence at stake exception?
The exception to the rule that adverse comment on the accused's choice not to testify is not permitted.
What is the slip rule?
Sam has a prior acquittal involving similar facts to an offence she is currently being charged with. How will the similar fact evidence be treated?
What is it will be off limits in future prosecutions?
When a witness mixes opinion into their testimony in order to express themselves. For example, if a witness were to say "he was slurring his words, smelled of alcohol and was drunk".
What is compendious mode of expressing facts?
Privilege that protects communications between a client's lawyer and third parties
What is litigation privilege?
Evidence given by a witness that is based on conclusions or inferences drawn from facts or observations
What is opinion evidence?
This type of duty is imposed on police under section 10(b) and involves informing a detainee of his or her right to retain and instruct counsel without delay and of the existence and availability of Legal Aid and duty counsel
What is an informational duty?
This individual was wrongfully convicted largely based on his past criminal record for sexual assault.
Who is Norman Fox?
What is R. v. Graat?
This phrase is often written on documents during settlement negotiations to indicate that the communication is intended to be privileged
What is without prejudice?
Privilege that protects communications between lawyer and client made for the purpose of obtaining legal advice
What is solicitor-client privilege?
This inquiry, which involved an investigation into the contamination of the water supply in an Ontario town, was discussed as an example of the rules relating to compellability in related proceedings.
What is the Walkerton Inquiry?
The circumstances under which similar fact evidence is admissible
What is when it is relevant to establishing an important matter other than the accused's predisposition to commit that type of offence?
The rule that states that evidence adduced solely for the purpose of proving that a witness is truthful is inadmissible
What is the Rule Against Oath Helping
What are civil or administrative proceedings?