Admissibility of Hearsay: Schneider and Contextualization
The Supreme Court of Canada (SCC) describes hearsay as an out of court statement admitted for the truth of its contents. Hearsay is presumptively inadmissible, meaning that it is not to be admitted as evidence in a trial unless it satisfies certain exceptions established by the courts. R v Schneider provides a recent example of the court considering exceptions to the hearsay rule. It centres on the admission of an overheard phone conversation where the accused admitted respon
Tell Us from Whence Your Riches Derive: Manitoba’s First Unexplained Wealth Order
Manitoba obtained its first unexplained wealth order early in November. In a case alleging the theft of cash offerings from a religious organization, the province successfully exercised its power to compel someone to disclose their source of wealth. The tool is designed to deal with criminal assets and the financial dimensions of crime. A failure to meet the terms of an order has perilous consequences.
“Don’t believe your ears!” - R v Prasad Reaffirms the Role of Expert Opinion Evidence
In criminal trials, the courts have stressed that the trial process must be respected, and that the role of the trier of fact must never be usurped by another. However, there are often circumstances where, in order for a trier of fact to draw the desired inferences from the facts presented at trial, the court will allow a witness with specialized knowledge or expertise to provide opinion evidence to assist the trier of fact in their analysis.
R v. Cook: The Need to Prevent Evidence of Gang Affiliation to Ensure Trial Fairness
Based on a 2024 report from the Guns and Gangs Awareness Campaign, one in five Canadians report that they or someone close to them has been affected by gang-related violence. Given the threat of gang-related violence to the safety and well-being of Canadian society, it is understandable that most jurors – constituting Canadian citizens performing their civic duty – would want to know whether an accused is a gang member or not.
Leave the Bad Character Comments at the Door of the Courtroom
During a criminal trial in Canada, the Crown is prohibited from calling general bad character evidence in relation to the accused. The reasoning for this is that bad character evidence may lead jurors into inferring that the accused is guilty of the current offence simply because “they are the sort of person likely to commit the offence they are accused of". The strict prohibition on the Crown from admitting this type of evidence works to safeguard against potential wrongful
