What is probative value and prejudicial effect in the context of lyrics in a song?

Ontario, Canada


The following excerpt is from R. v. Skeete, 2017 ONCA 926 (CanLII):

For the most part, judicial experience in assessing probative value and prejudicial effect, and determining where the balance settles when one is counterpoised against the other, involves evidence of things done or said from which something about the actor’s or speaker’s state of mind can be reasonably inferred. But artistic expression is different in the sense that simply because an author has chosen to write about certain topics, it may not be reasonable to infer that he or she holds or acts in accordance with those views: State v. Skinner, 218 N.J. 496, at pp. 520-521 (2014). It logically follows that we ought not to be too ready to embrace lyrics as a basis upon which to infer a particular state of mind in their author.

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