Problem 1: Define probative value and prejudicial effect
- Give two examples from case law where the decision to include a piece of evidence had to consider whether the evidence's probative value outweighed its prejudicial effect.
Problem 2: Discuss the difference between a class privilege and a non-class privilege. § Give 2 examples of a class privilege and 2 examples of a non-class privilege.
Problem 3: What are 2 differences between calling a witness's character into question versus their credibility?
- Give 2 examples of calling a witness's character into question, and 2 examples of calling a witness's credibility into question
Problem 4: Give an example from SCC case law of when hearsay was deemed admissible.
- Why was it deemed admissible?
- What are two requirements to hearsay being admissible?
Problem 5: Provide one reason why expert evidence an exception to the exclusion of opinion evidence?
- Describe how the admissibility of this type of evidence determined?
- What are potential risks of including expert evidence?
Problem 6: Give an example from case law of when Wigmore Criteria was used to determine whether or not evidence was privileged information.
- What was decided and why?
Problem 7: Describe the circumstances in which similar fact evidence can be used.
- Give an example of this from case law.
Problem 8: What in your opinion has been the most important case that we have discussed in class so far? Explain why this case is important.
Reference
Nowlin, C., & Brockman, J. (2018). An introduction to Canadian criminal procedure and evidence (6th ed.). Nelson.