The Privileged Text: R v Walsh and Spousal Privilege
Spousal privilege has existed for hundreds of years, serving as a legal safeguard for marital communications. During this period, there have been limited advancements or changes in how this law operates in Canada. The law of spousal privilege is outlined within s. 4(3) of the Canada Evidence Act.With the rate of technological advancement, and as communication methods between spouses evolve, the question arises: should spousal privilege extend to digital communications between
A Caution-ary Tale: R v Tessier and the Impact of the Absence of Police Cautions on the Admissibility of Statements Under the Confessions Rule
Authors: Kaitlyn Mitchell and Riley O’Hara Introduction The admissibility of statements made to police has been widely debated in the...
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
“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.
