Modern Criminal Evidence

Chapter 1: Introduction: Basic Concepts in the Law of Evidence
Chapter 2: From Evidence to Verdict: Confessions of a Judicial Fact-Finder
Chapter 3: Judicial Notice
Chapter 4: Opinion Evidence
Chapter 5: Circumstantial Evidence
Chapter 6: Hearsay
Chapter 7: Character Evidence
Chapter 8: Examination of Witnesses
Chapter 9: Specific Types of Witnesses
Chapter 10: Confessions and Self-Incrimination
Chapter 11: Privilege
Chapter 12: Digital Evidence
Chapter 13: Documentary Evidence
Chapter 14: Identification Evidence
Chapter 15: Intersection of Proceedings

Chapter 1: Introduction: Basic Concepts in the Law of Evidence

With credibility and reliability—in literary equivalence—they have, by manifold keystrokes, replied. Memorialized in 762 pages, their answer is comprehensive, thorough, and unique. Modern Criminal Evidence triumphs in consummately articulating principles, rules, procedure and practice which should govern and inform “a modern criminal trial” (p. 410).

Modern Criminal Evidence (MCE) is the seventeenth title (the other 16 presently in first, second or third edition) published by Emond Montgomery in its ‘Criminal Law Series’. The series, which includes two Walter Owen Book Prize recipients, is supervised by two Toronto general editors: ubiquitous barrister Brian H. Greenspan and Justice Vincenzo Rondinelli.

As listed in MCE, its five marquee authors are: Matthew Gourlay, often appellate counsel in Ontario and Supreme Court of Canada, and partner at Henein Hutchison LLP, Toronto; Brock Jones, Crown Attorney, Scarborough (youth justice team director) and now sitting in Ontario Court of Justice; Jill Makepeace, criminal trial and appellate counsel, and partner in Greenspan Humphrey Weinstein LLP, Toronto; Glen Crisp, Assistant Crown Attorney (Guns and Gangs Unit), Toronto, and Justice Renee Pomerance, formerly a Crown Attorney, international inquiry counsel and as a member of Ontario Superior Court of Justice, the Local Administrative Judge, Windsor. There, she presided in 2023 and 2024 at precedents-setting R. v. Veltman (see, e.g., 2024 ONSC 1054 (CanLII)).  Since July 2024 she has been a member of Ontario Court of Appeal.

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“It addresses what a lot of evidence texts lack: specific application to everyday criminal court issues.”

— Justice Scott N. Latimer

"This text will quickly become a valued clinical tool. It truly leaves no evidentiary stone unturned."

— Justice David H. Doherty

"This treatise comes to market with a ton of credibility. Its authors include some of the leading voices of the criminal bar on both sides of the aisle and one of the most universally respected and admired judges. It will quickly become a must-own and must-read book."

— Nader R. Hasan

"The breadth of the authors’ knowledge and experience no doubt helps to account for the balanced approach of the text and its depth of coverage...Modern Criminal Evidence is unique in its approach to interpreting the law of evidence in Canada in that it deftly straddles the line between academic treatise and practitioner’s handbook."

— Erin Dann, Embry Dann LLP

"Modern Criminal Evidence is an invaluable resource for students...It succinctly and accurately summarizes complex areas of law while providing valuable practice tips, summaries and checklists. For law professors using a “problem-based approach” in an introductory Evidence course, this book can usefully serve as either the course text or a key reference text."

— Dale Ives, Adjunct Professor, University of Western Ontario Faculty of Law