Is new evidence submitted as fresh evidence admissible at trial?
Alberta, Canada
The following excerpt is from R. v. Duong, 1995 ABCA 510 (CanLII):
In our view, the material submitted as fresh evidence is not admissible evidence. In any event, it does not meet the tests for the admission of fresh evidence set out in Palmer v. Palmer, 1979 CanLII 8 (SCC), [1980] 1 S.C.R. 759. In particular the "evidence" is not credible in the sense that it is reasonably capable of belief and, even if believed, it would not, when taken with the other evidence adduced at trial, be expected to have affected the result.
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