What is the test for credibility and reliability in a sexual assault case?

British Columbia, Canada


The following excerpt is from Johal v Fazli, 2021 BCSC 1896 (CanLII):

Evaluating credibility and reliability involves examining the witness’ evidence for the ability and opportunity to observe events, the firmness of memory, whether the witness appears able to resist the interests at play to modify his or her recollection, a comparison of the evidence against independent evidence, whether the witness changes evidence during direct examination and cross-examination, any motive to lie and demeanour. If the trier of fact accepts the witness’s evidence as being generally credible and reliable, then the trier of fact should compare it with the other evidence to determine whether it fits within the “preponderance of probabilities which a practical and informed person would readily recognize as reasonable in that place and in those conditions” Bradshaw v. Stenner, 2010 BCSC 1398, aff’d 2012 BCCA 296, at paras. 186–187.

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