What is the legal test for admitting an affidavit of O.S.D.O. S.B.R.C. in the context of an appeal from the committal order?
British Columbia, Canada
The following excerpt is from United States of America v. U.A.S., 2013 BCCA 483 (CanLII):
The affidavit of O.S. stands on a slightly different footing because it is sought to be introduced in the appeal from the committal order. It must meet the test for the admission of fresh evidence set out in Palmer v. The Queen, 1979 CanLII 8 (SCC), [1980] 1 S.C.R. 759. In the end, however, the considerations are the same as a result of the fact that one of the criteria of the test is that the fresh evidence could reasonably be expected to have affected the outcome of the decision under appeal.
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