The “Perfect” Victim: The Reliance on Demeanour Evidence in Child Sexual Abuse Cases
Several factors must be considered when assessing the credibility of a witness or victim during a trial, one of which is their demeanour. Demeanour evidence is behavioural observations made by either the trier of fact or jury during witness testimony. Triers of fact analyze a witness’s demeanour for sincerity and honesty in determining credibility.
Similar Fact Evidence and the Defence of Consent: A Principled Application of R v. Handy in R v. Cyrus
The admissibility of similar fact evidence presents a persistent challenge in Canadian
evidence law, particularly in sexual assault prosecutions where credibility assessments are often
central. Evidence of an accused’s other discreditable conduct is presumptively inadmissible due to
the risk of propensity reasoning and the resulting moral and reasoning prejudice.
Where Law Meets Limitations: The Roles and Boundaries of Trial Judges in the Development of the Common Law
There is no question that historically, women and men have been hesitant to come forward and report sexual offences. These victims are afraid to come forward because of the fear of not being believed, fear of retribution, and fear of the criminal justice system and its methods. However, in the past few decades, the combined efforts of Parliament and the common law have helped to bridge some of the gaps that perpetuate these fears.
Time Versus Evidence: Do Time Restrictions on NCRDM Applications Change Expert Witness Decisions?
In R. v Landrick [2022] BCCA 181, the appeal hinges on new expert evidence with the application of a “Not Criminally Responsible due to Mental Disability” (NCRMD) application. While an application for an NCRMD assessment is generally used as a defence during an original trial, there are instances where it can be used on appeal. The explanation given by the appeal Judge in this case calls attention to how limited time to receive an NCRMD assessment can impact expert witnesses
The Double-Edged Sword of Investigative Genetic Genealogy: Convictions and Privacy
In 2018, American authorities finally solved the infamous cold case of the Golden State Killer, more than 40 years after his first crime was committed. Joseph DeAngelo, a former police officer who committed at least 12 murders and 50 sexual assaults across California, was finally identified using investigative genetic genealogy (“IGG”). This investigative technique uses DNA analysis and public genetic genealogy databases to identify suspects by tracing them through their gene
