Part I Introduction: Basic Concepts
Chapter One: Sources and Goals of the Law of Evidence
I. The Scope of the Law of Evidence
II. The Fundamental Rule of the Law of Evidence
III. Relevance
IV. Reasons for Excluding Relevant Evidence
V. Admissibility and Weight
VI. The Sources of the Law of Evidence
VII. The Trial Process
VIII. R v Galloway: A Case Study
Chapter Two: Witnesses
I. The Oath and Its Substitutes
II. The Testimonial Competency of the Accused and Their Spouse
III. The Examination of Witnesses
IV. Some Aspects of Cross-Examination
V. Authentication
Chapter Three: Relevancy, Probative Value, and Prejudicial Effect
I. Relevancy and Materiality
II. Probative Value and Prejudicial Effect
III. Relevance, Probative Value, and Prejudice in Sexual Assault Trials (Section 276 of the Criminal Code)
Part II: Exclusionary Rules Based on Unreliability and Prejudice
Chapter Four: Hearsay
I. Introduction: What Is Hearsay?
II. Some Exceptions to the Rule Against Hearsay
III. The Principled Approach to Hearsay
Chapter Five: Opinion Evidence
I. The Exclusionary Rule and Two Exceptions
II. The Exception for Lay Opinion
III. The Exception for Expert Opinion: Basic Principles
Chapter Six: Credibility
I. Assessing Credibility
II. Supporting the Credibility of Your Own Witness
III. Impeaching the Credibility of an Opposing Party’s Witness
IV. Challenging the Credibility of Your Own Witness
V. Corroboration
Chapter Seven: Character
I. Character Directly in Issue
II. Character of the Accused
III. Character of Non-Accused Persons in Criminal Cases
IV. Character in Civil Cases
Part III: Exclusionary Rules Based on Policy
Chapter Eight: Statements of an Accused and Illegally Obtained Evidence
I. Common Law
II. Exclusion of Evidence Under Section 24 of the Charter
III. Sections 13 and 7 of the Charter and the Self-Incrimination Principle
Chapter Nine: Privilege and Related Issues
I. Waiver
II. Solicitor–Client Privilege
III. Litigation Privilege
IV. Settlement Privilege
V. Informer Privilege
VI. Matrimonial Communications
VII. Other Relationships: Privileged or Merely Confidential?
VIII. Protecting Privacy Without Privilege
IX. Implied/Deemed Undertaking of Confidentiality in Discovery
Part IV: Further Aspects of Proof
Chapter Ten: Proof Without Evidence
I. Formal Admissions
II. Judicial Notice
Chapter Eleven: Burden and Quantum of Proof
I. Evidentiary and Persuasive Burdens
II. Burden and Degree of Proof in Civil Proceedings
III. Burden and Degree of Proof in Penal Proceedings
IV. Rights and Remedies
V. Presumptions and Reverse Onuses
VI. Appellate Review of Factual Findings