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Erstellt von Penny-Ann Lupton
vor etwa 9 Jahre
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Right against self incrimination
2pts
Conscriptive evidence
Testimonial evidence
Non-testimonial evidence
2pts
Derivative evidence
Confession Rule
3pts
Oikle Rule 3pts
Crown onus voluntary confession
T.O.O.
Person in authority
When can a person decline to participate in a civil proceeding on basis criminal charges pending?
3PT TEST
Problems with Conscriptive Evidence
3PTS
Oakes test
-test to determine Charter right JUSTIFIED s. l
2PTS
Sufficient Importance –Part 1 Oakes Test
Proportionality Test-2nd part of Oakes Test
4 Principles applicable to s. 8
PRINCIPLE 1
4 Principles applicable to s. 8
PRINCIPLE 2
PRINCIPLE 3
FACTORS to be considered in assessing TOTALITY of the circumstances may include, but are not restricted to:
4 Principles applicable to s. 8
PRINCIPLE 4
Plain view doctrine
Reasonable expectation of privacy test -test used by courts to determine whether police search was lawful
Collins Test (search w/out warrant)
3pts
Courts identified # of purposes for excluding evidence wrongfully obtained. These include:
5 pts
Components of exclusionary remedy
3pts
Factors court consider in determining whether the administration of justice was brought into disrepute.
3pts
Oral evidence
Oath
Solemn affirmation
2pts
Real evidence
View
3pts
Documentary evidence
5pts
Best evidence rule
2pts
Admissibility of photos/videos using 3 criteria
questions similar to qual police notes
Spoliation
Subpoena
Summons
Competence
Capacity
2pts
Responsibility
Incompetent
Compellable
Examination in chief
Cross-examination
Hostile witness
Adverse witness
Particularized indicia of reliability
2 pts
Circumstantial guarantees of reliability
to testify witness must be
2pts
children under 14
5pts
can't testify
2pts
re-direct
2pts
Impeach
collateral fact rule