What are the factors that a trial judge should consider when deciding on the question of admissibility?

Yukon, Canada


The following excerpt is from R. v. Atlin, 2003 YKCA 5 (CanLII):

The factors that His Lordship notes there are ones that are considered matters that a trial judge should consider when deciding on the often difficult question of admissibility in this class of case. As His Lordship pointed out the list is intended to be helpful rather than exhaustive. Not all factors will obviously exist or be necessary to be considered in every case. He pointed out that a similar approach is utilized in other common law jurisdictions including England, citing Director of Public Prosecutions v. Kilbourne [1973] A.C. 729 and making reference to United States publications on evidence.

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