What is the fundamental rule of evidence law?
Relevance is the most important criteria for determining whether evidence is admissible.
Everything that is relevant to a fact in issue is admissible unless there is a legal reason for excluding it.
Everything is excluded unless it is relevant to a fact in issue.
When is evidence material?
When it is directed at a matter in issue in the case.
When it tends to prove the proposition for which it is advanced.
When it does not distort the fact-finding mission of the court
If evidence shows that a witness lied about an unrelated matter, it will be excluded because
It violates the hearsay rule.
It will unnecessarily prolong the trial or confuse issues
Trick question, it won't be excluded.
What is a prejudicial effect?
The probability that the evidence, if admitted, would be unfairly detrimental to one party's case.
The possibility that the evidence may distort the fact-finding process, resulting in unfairness to the accused.
The probability that evidence will result in a mistrial.
Once evidence is admitted, the trier of fact is required to...
Draw a particular inference from it.
Believe that particular piece of evidence.
None of the above.
The Canada Evidence Act applies primarily to
Civil proceedings.
Criminal proceedings.
Charter challenges.
Which case stands for the proposition that oral histories made by Indigenous people are admissible?
Delgamuukw
Sparrow
Van der Peet