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Proof – Canadian Rules of Evidence, 4th Edition

This textbook explains in easy-to-understand language, the rules and principles of evidence in Canada, and how legal statutes and case precedents determine our evidence laws. Written for students pursuing a law-related career and non-lawyers working in the justice system.
Publication Language: English
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$85.00
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ISBN/ISSN: 9780433495703

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What All Non-Lawyers Working In The Justice System Need To Know About Evidence Law

Evidence law can be a complex and daunting subject matter, but finally, here is a textbook specifically written for students and non-lawyers working in the justice system. Professor Paul Atkinson, an evidence teacher for over 30 years, explains in easy-to-understand language, the rules and principles of evidence in Canada, and how legal statutes and case precedents determine our evidence laws.

This fourth edition contains the most recent provincial Court of Appeal and Supreme Court of Canada cases on rulings relating to evidence.

Features

  • Helps in determining what kinds of evidence are admissible; how evidence should be gathered and organized; and understanding rules on search and seizure
  • Analyses and discusses seminal court cases in regards to evidentiary rulings
  • Provides a succinct overview of the Canadian justice system
  • Explains the sources of the rules of evidence, and analyses the interaction between statutes and case reports that determine the rules of evidence
  • Refers to the latest Charter cases, and decisions addressing character evidence, informer privilege and hearsay, and the criteria for holding separate trials for multiple charges
  • Includes self-test questions after each chapter to assist students in assessing their level of understanding and knowledge of evidence principles
  • Contains a glossary of terms

New In This Edition

  • Updated examples reflect changes in Canadian laws of evidence landscape
  • Discussion of recent developments in the legalization of marijuana its impact on the rules of evidence
  • New and revised case commentary and analysis
  • New seminal Supreme Court of Canada decisions:
    • R. v. Bingley, [2017] 1 S.C.R. 170
    • R. v. Youssef, 2018 ONCA 16
    • Morasse v. Nadeau-Dubois, [2016] 2 S.C.R. 232
    • Alberta (Information and Privacy Commissioner) v. University of Calgary, 2016 SCC 53
    • White Burgess Langille Inman v. Abbot and Halliburton Co., 2015 SCC
    • R. v. Quesnelle, [2014] 2 S.C.R. 390
    • R v. Baldree, [2013] 2 S.C.R. 520
    • R. v. Hart, [2014] 2 S.C.R. 544
    • R. v. G.T.D., 2018 SCC 7
    • R. v. Saeed, [2016] 1 S.C.R. 518
  • Update on testifying via videoconferencing with reference to R. v. Burtt, 2012 NBPC 6 and R, v, S.D.L., 2017 NSCA 58
  • Revised section on compellability of a witness with reference to Charter section1 exceptions and new case law including R. v. Normore, 2018 NLCA 10 and Morasse v. Nadeau-Dubois, [2016] 2 S.C.R. 232
  • Brand new section on the ‘Warning of the Risk of Relying on the Untrustworthy ‘Vetrovec' Witnesses' with critical analysis of the Vetrovec warning and key case for the testimony evidence of accomplices. Includes the study of Vetrovec v. The Queen and how it has been interpreted by the court in the present day
  • New case law on the qualifications of expert witnesses R. v. Reid, 2017 ONSC 4082
  • Significantly new content about expert evidence, witnesses and admissibility. The author outlines the relevant jurisprudence and highlights the criteria for various issues that follow the admission of expert evidence. Includes reference to R. v. Abbey, 2017 ONCA 640, Moore v. Getahun, 2015 ONCA 55, White Burgess Langille Inman v. Abbot and Halliburton Co., 2015 SCC 16, Bruff-Murphy v. Gunawardena, 2017 ONCA 502, R. v. McManus, 2017 ONCA 188, R. v. Livingston, 2017 ONCJ 645, and more
  • R. v. Doodnaught, 2017 ONCA 781 on collusion and similar fact evidence and 0984394 B.C. Ltd. v. Sticky's Candy Holdings Ltd., 2017 BCSC 1760 on the use and probative value of similar fact evidence
  • Expanded sections on the exceptions to the hearsay rule such as dying declarations, res gestae statements, statements against interest and the use of a principled approach
  • Highlights Supreme Court of Canada decision on the admissibility of confessions obtained from undercover police: R. v. Hart, [2014] 2 S.C.R. 544
  • Extended section on admissions and confessions and their interplay with fundamental Charter rights
  • Dissenting opinion in R. v. G.T.D., 2018 SCC 7 about eliciting incriminating evidence from an accused before they have had a chance to consult with counsel
  • R. v. Paterson (2017) 347 C.C.C. (3d) 280 and R. v. Lee, 2017 ONCA 654 on the admissibility of evidence obtained through warrantless searches
  • R. v. Tello, 2018 ONSC 356 on the admissibility standards for photographs

Who Should Read This Book?

  • Students preparing for a law-related career - written in plain language, the book takes a complex subject matter such as evidence law, and makes it comprehensible for non-lawyers and non-law students
  • Evidence instructors and teachers - the book's structure follows a 15-week semester, and serves as an ideal textbook for any university or college course covering evidence law
  • Lawyers, law students and paralegals - a practical and well-organized evidence law book for quickly refreshing your memory on important rules of evidence
  • Law libraries - a valuable addition to a collection of reference material on evidence law

Featured authors

Table of contents

Chapter 1: The Canadian Justice System and the Most Basic Evidence Concepts
Chapter 2: Evidence Statutes
Chapter 3: Court Cases You'll Need to Know
Chapter 4: Witnesses
Chapter 5: Opinion Evidence and Experts
Chapter 6: Character and Similar Fact Evidence
Chapter 7: Hearsay
Chapter 8: Admissions, Confessions and Charter Protections Against Self-Incrimination
Chapter 9: Search and Seizure and Section 8 of the Charter
Chapter 10: Other Charter Rights and Remedies
Chapter 11: Gathering and Organizing Evidence
Chapter 12: Some Parting Tips for Investigators, Advocates and Witnesses
Appendix 1: Key Portions of the Canada Evidence Act (sections 1-37.3)
Appendix 2: Excerpts from the Canadian Charter of Rights and Freedoms
Appendix 3: Case Report Sample -- R. v. Coté
Appendix 4: Glossary of Terms
Index