Sopinka, Lederman & Bryant - The Law of Evidence, 5th Edition
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If your practice involves representing clients in civil or criminal litigation proceedings, Sopinka, Lederman & Bryant – The Law of Evidence, 5th Edition must figure prominently on your bookshelf. This new edition of the seminal work offers current and in-depth coverage of the Canadian law of evidence, and has been updated to include significant recent developments.Learn From the Experts
This go-to resource is written by former and current Superior Court Justices with decades of experience and the necessary expertise to guide practitioners, scholars and students through this complex and ever-changing area of the law.
- Understand and deal with issues such as illegally obtained evidence, confessions and corroboration
- Identify when witnesses will be competent and compellable to testify
- Conduct examinations and cross-examinations within the appropriate scope
- Gauge whether the burden and standard of proof have been met
- Recognize the existence and extent of privilege
- Understand the Supreme Court of Canada's continuing development and extension of the "Principled Approach" into virtually every facet of the law of evidence
- Gain insight into the admissibility of evidence in many different areas, including character evidence, hearsay evidence, similar fact evidence, opinion evidence and documentary evidence
New in this Edition
A book about the Canadian law of evidence is only valuable if it provides the most up-to-date information about this evolving and critical topic. This edition of Sopinka, Lederman & Bryant – The Law of Evidence offers exactly that, offering revised content that reflects the current state of the law, including:
- Mr. Big Investigations - analysis of the seminal case of R. v. Hart, in which the Supreme Court of Canada created a new common law rule of evidence to assess the admissibility of Mr. Big confessions, and post-Hart decisions; these cases highlight the danger of wrongful convictions due to unreliable or prejudicial evidence
- Expert evidence – pursuant to White Burgess Langille Inman v. Abbott and Haliburton Co., independence, impartiality and lack of bias are threshold requirements to admissibility of expert evidence
- Circumstantial evidence – guidance regarding dangers of admission of circumstantial evidence: R. v. Villaroman
- Corroborative evidence - discussion of R. v. Bradshaw, where the Supreme Court placed limits on corroborative evidence that may be used to support threshold substantive reliability
- Exclusion of evidence under s. 24(2) – Evidence obtained before a Charter breach has occurred may be excluded where the evidence and the Charter breach are part of the same transaction or course of conduct: R. v. Edwards (Appeal by Pino)
- Unknown third party suspect evidence – new test of admissibility under R. v. Grant
- Informer privilege - Informer privilege does not extend to persons who have contacted Crime Stoppers with the intention of furthering criminal activity or interfering with the administration of justice: R. v. Durham Regional Crime Stoppers Inc.
- Text messages – admissibility, including hearsay concerns, discussed: R. v. Bonnell, R. v. Burns, R. v. Seruhungo and R. v. Savino
- Post-offence conduct - R. v. Rodgerson, R. v. Foerster, R. v. Calnen, R. v. Hill and R. v. Robinson
An Invaluable Addition to Your Library
- Civil litigators, criminal practitioners (Crown & Defense) and family law practitioners seeking guidance on issues involving different types of evidence, witnesses and testimony
- Law school professors and law students interested in referencing the definitive authority to better understand the law of evidence in Canada
- Law libraries dedicated to having the most up-to-date resources and reference materials available to their patrons
- Members of the judiciary who need access to the latest appellate case law and expert commentary on the admissibility of evidence across a wide range of categories
Table of contents
Chapter 1: Foundational Principles of Evidence and the Importance of Evidentiary Rulings in Context
Chapter 2: Types of Evidence and Conditions for the Receipt of Evidence
Chapter 3: Evidential Burden and Burden of Proof
Chapter 4: Presumptions
Chapter 5: Standards of Proof
Chapter 6: Hearsay
Chapter 7: Self-Serving Evidence
Chapter 8: Confessions
Chapter 9: Illegally Obtained Evidence
Chapter 10: Character Evidence
Chapter 11: Similar Fact Evidence
Chapter 12: Opinion Evidence
Chapter 13: Competence and Compellability of Witnesses
Chapter 14: Privilege
Chapter 15: Public Interest Immunity
Chapter 16: The Examination of Witnesses
Chapter 17: Corroboration
Chapter 18: Documentary Evidence
Chapter 19: Rules Dispensing with or Facilitating Proof
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