Fundamentals of the Law of Evidence: Cases and Commentaries
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Description
The emphasis of these commentaries and case excerpts is on the common law rules of evidence from a criminal law perspective. The common law is the single largest source of the rules of evidence, and many of the evidentiary rules applied in criminal proceedings are the same, or very similar, to those applied in civil and administrative cases.
Some statutory evidence rules which apply in criminal proceedings are referred to in this resource, including sections of the Criminal Code of Canada, R.S.C., 1985, c. C-46 (“Criminal Code”) and the Canada Evidence Act, R.S.C., 1985, c. C-5 (“Canada Evidence Act”). However, many sections of these statutes which relate to the rules of evidence are not discussed. Further, this publication does not discuss statutory provisions relevant to rules of evidence for other areas of law, including civil and administrative proceedings.
Statutory evidence provisions are critical because they take precedence over common law rules. For example, in a criminal trial, the common law concerning the timing for disclosure of expert evidence is replaced by the provisions in section 657.3 of the Criminal Code. While statutory evidence provisions often:
-borrow from the common law; and,
-in many instances supplement the common law rules rather than replace them,
it is critical that parties first assess whether there are any statutory provisions which are relevant to an evidentiary issue before relying on the common law.
This is an educational resource which is aimed at assisting persons in understanding basic principles of evidence. Authority for the content in the commentaries is sometimes provided in a case reference in that section, but more commonly relies on the case excerpts provided after the commentary. This resource does not address all rules of evidence, and does not provide a comprehensive analysis of those rules which are discussed. The case excerpts and cases referenced in the commentaries are intended to help understand the rules, but do not necessarily represent the current law on each issue.
Publication Date
2026
Publisher
Canadian Legal Information Institute
Disciplines
Evidence | Law