What is the standard for "new evidence" on a bail review?

Ontario, Canada


The following excerpt is from R. v Ma, 2015 ONSC 7709 (CanLII):

In St-Cloud Wagner J. at para. 128 adopted the standard for fresh evidence on appeal set out in Palmer v. The Queen, 1979 CanLII 8 (SCC), [1980] 1 S.C.R. 759 at p. 775 as the standard for “new evidence” on a bail review: 1. The evidence should generally not be admitted if, by due diligence, it could have been adduced at trial. 2. The evidence must be relevant in the sense that it bears upon a decisive or potentially decisive issue in the trial. 3. The evidence must be credible in the sense that it is reasonably capable of belief, and 4. It must be such that if believed it could reasonably, when taken with the other evidence adduced at trial, be expected to have affected the result.

Other Questions


What is the standard of review for a judicial review of an administrative decision? (Ontario, Canada)
What is the standard of review applied to a review of an assessment officer’s decision? (Ontario, Canada)
What is the standard of review in judicial review? (Ontario, Canada)
What is the standard of review for a bail review? (Ontario, Canada)
What is the test for using the word "similar fact evidence" in a motion where the evidence is not the same fact evidence? (Ontario, Canada)
What is the appropriate standard of review for an appeal from a judgment refusing judicial review? (Ontario, Canada)
What is the standard of review of a Minister's refusal to disclose records on a standard of correctness? (Ontario, Canada)
What is the standard of review for an Assessment Officer to be reviewed by the Court of Appeal? (Ontario, Canada)
What is the standard of review for the purposes of determining whether a decision should be reviewed in a civil proceeding? (Ontario, Canada)
How have the principals of the Rules of Civil Procedure apply to evidence that contradicts the evidence given by the complainants in their cross-examinations? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.