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Sopinka, Lederman & Bryant - The Law of Evidence, 5th Edition

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. It is the only major Canadian treatise with in-depth coverage of both civil and criminal evidence.
Publication Language: English

Hardcover | 1,704 pages

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Out of Stock
Published: March 20, 2018
ISBN/ISSN: 9780433493624

Product description

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
In addition to substantive guidance, Sopinka, Lederman & Bryant – The Law of Evidence, 5th Edition is organized to maximize ease-of-use, with a detailed table of contents and numbered paragraphs for quick access and precise cross-referencing.

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
For the first time, this edition contains a Table of Statutes, which will enhance ease of use for every researcher.

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

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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