What is the test for determining whether a deceased's mental state is relevant to the issue of identification?
Ontario, Canada
The following excerpt is from R. v. Asling, 2011 ONCJ 838 (CanLII):
2. Relevance is situational and depends not only on the ultimate issue in the case (e.g., identification), but also on the other factual issues which either of the litigants raises as relevant to the ultimate issue. For example, the deceased's mental state may bear no direct relevance to the ultimate issue of identification but it will nonetheless be relevant to that issue if it is relevant to another fact (e.g., motive) which is directly relevant to the ultimate issue of identification. Reference: R v. P.R., [1990] O.J. No. 3418, at paras 9-11.
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