What are the judicative and judicative facts at trial?
British Columbia, Canada
The following excerpt is from Cambie Surgeries Corporation v British Columbia (Attorney General), 2019 BCSC 212 (CanLII):
Adjudicative facts are those that concern the immediate parties; the who did what, where, when and how and with what motive and intent. Legislative facts are those that establish the purpose and background of legislation, including its social, economic and cultural context. There are also social facts which are akin to legislative facts (Danson v. Ontario (Attorney General), [1990] S.C.R. 1086, at p. 1099; cited in Reference re: Section 293 of the Criminal Code of Canada, 2011 BCSC 1588, at para 60; 2016 BCSC 1390, at para. 35). And the reliability of the source of a document is relevant to whether it should be given latitude for the purposes of admissibility. For example, government documents are generally considered reliable, especially ones that are public (2019 BCSC 7, at para. 69).
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