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Evidence - Admissibility

. R. v. Schneider

In R. v. Schneider (SCC, 2022) the Supreme Court of Canada summarized the basics of admissibility of evidence in a criminal trial:
(1) Legal Framework for Admissibility of Evidence at a Criminal Trial

[36] Evidence that is relevant to an issue at trial is admissible, as long as it is not subject to an exclusionary rule and the trial judge does not exercise their discretion to exclude it (R. v. Khelawon, 2006 SCC 57, [2006] 2 S.C.R. 787, at para. 2; D. M. Paciocco, P. Paciocco and L. Stuesser, The Law of Evidence (8th ed. 2020), at p. 32; S. N. Lederman, M. K. Fuerst and H. C. Stewart, Sopinka, Lederman & Bryant: The Law of Evidence in Canada (6th ed. 2022), at ¶2.48; M. Vauclair and T. Desjardins, in collaboration with P. Lachance, Traité général de preuve et de procédure pénales 2022 (29th ed. 2022), at pp. 905-6). This is the three-part test for admission of all evidence. Judges must consider: (a) whether the evidence is relevant; (b) whether it is subject to an exclusionary rule; and (c) whether to exercise their discretion to exclude the evidence.]

[37] When questions arise as to the admissibility of evidence, a voir dire is often needed. That said, this Court has noted in obiter that a voir dire may not be necessary for party admission evidence (R. v. S.G.T., 2010 SCC 20, [2010] 1 S.C.R. 688, at para. 20). Whether a voir dire is needed for such evidence is to be determined in the circumstances of each case.


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Last modified: 05-01-23
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