Chapter 11-14

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