What is the test for credibility?

British Columbia, Canada


The following excerpt is from R. v. Whitman, 2005 BCSC 1574 (CanLII):

Credibility is a difficult issue comprised of a number of complicated and subtle ingredients which may, however, be easily expressed. One may say, I accept, I reject or I have doubts, as to what I have been told, all based on the observations of the narrator. Each of these ingredients may be difficult, if not impossible, to describe or articulate. In White v. The King, 1947 CanLII 1 (SCC), [1947] S.C.R. 268 at 272, Estey J. wrote: The issue of credibility is one of fact and cannot be determined by following a set of rules that it is suggested have the force of law... Anglin J. (later Chief Justice) in speaking of credibility stated: by that I understand not merely the appreciation of the witnesses’ desire to be truthful but also of their opportunities of knowledge and powers of observation, judgment and memory -in a word, the trustworthiness of their testimony, which may have depended very largely on their demeanour in the witness box and their manner in giving evidence... The foregoing is a general statement and does not purport to be exhaustive. Eminent judges have from time to time indicated certain guides that have been of the greatest assistance but so far as I have been able to find there has never been an effort made to indicate all the possible factors that might enter into the determination. It is a matter in which so many human characteristics, both the strong and the weak, must be taken into consideration. The general integrity and intelligence of the witness, his power to observe, his capacity to remember and his accuracy in statement are important. It is also important to determine whether he is honestly endeavouring to tell the truth, whether he is sincere and frank or whether he is biassed [biased], reticent and evasive. All these questions and others may be answered from the observation of the witness' general conduct and demeanour in determining the question of credibility. [Underlining mine]

Other Questions


How have courts in BC considered credibility and the impact on medical evidence in assessing credibility and credibility? (British Columbia, Canada)
What factors must be considered when assessing credibility in a credibility assessment? (British Columbia, Canada)
Can a police credibility analysis be used to determine the credibility of a witness in a criminal case? (British Columbia, Canada)
What is the test for credibility issues on an application under the BCSC's triable issue of credibility rule? (British Columbia, Canada)
Is the adjudicator’s assessment of credibility based on a flawed approach to assessing credibility? (British Columbia, Canada)
In assessing credibility, how do we assess credibility? (British Columbia, Canada)
What is the case law on credibility and credibility? (British Columbia, Canada)
If a trial judge's finding of credibility is to depend solely on which person he thinks made the better appearance of sincerity in the witness box, what is the test for credibility? (British Columbia, Canada)
In assessing the credibility of an author, is the author’s credibility of the author? (British Columbia, Canada)
What is the impact of a review officer’s assessment of credibility in assessing credibility? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.