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. Nevertheless, such evidence may be admitted.
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
The Intersection of Credibility and Stereotypes in the Family Violence Context
Family violence is defined broadly in the Divorce Act, including any conduct “that is violent or threatening or that constitutes a pattern of coercive and controlling behaviour.”[i] This includes psychological abuse and financial abuse.[ii]Family violence has been recognized by the Supreme Court of Canada (SCC) as being “notoriously difficult to prove.”
