Evidence: A Canadian Casebook, 5th Edition introduces law students to the rules and principles governing the establishment of facts in legal proceedings. Through clear language and extensive extracts from leading cases, students will develop their ability to read primary legal materials with greater comprehension.

This casebook sets itself apart from other resources by weaving a case study throughout the entire text. Students can apply their readings and understanding of the law using the end-of-chapter “problem sets”—a series of detailed evidentiary issues from the hypothetical case.

This edition reflects updated legislation, recent cases, and expanded discussion.

• Expanded discussion of the principled approach to hearsay, the difficult problem of admissibility, and the use of evidence of a complainant’s sexual history in sexual assault trials
• New excerpted Supreme Court of Canada cases, including R v Barton (2019), Denis v Côté (2019), R v Goldfinch (2019), R v Le (2019), R v Chouhan (ONCA 2020), Langenfeld v Toronto Police Services Board (ONCA 2019), and R v CMM (BCCA 2020)
• Up-to-date legislation
• Emphasis on the operation of evidence law within the broader social context

Part I Introduction: Basic Concepts
1. Sources and Goals of the Law of Evidence
2. Witnesses
3. Relevancy, Probative Value, and Prejudice
Part II Exclusionary Rules Based on Unreliability and Prejudice
4. Hearsay
5. Opinion
6. Credibility
7. Character
Part III Exclusionary Rules Based on Policy
8. Statements by accused; Improperly obtained evidence
9. Privilege
Part IV Further Aspects of Proof
10. Judicial notice
11. Burden & quantum

Chapter 1: Sources and Goals of the Law of Evidence