What is the test for credibility of testimonial evidence?
Ontario, Canada
The following excerpt is from R. v. Haddad, 2009 ONCJ 536 (CanLII):
[39] In my view, the case before me herein is one where the issue of the credibility of the testimonial evidence is important. I must therefore instruct myself that the rule of reasonable doubt applies to that issue. Furthermore, I must remind myself that this issue must be analyzed through the application of the principles set out in the case of Regina v. W.(D). 1991 CanLII 93 (SCC), [1991] 1 S.C.R. 742 (S.C.C.).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for using the word "similar fact evidence" in a motion where the evidence is not the same fact evidence? (Ontario, Canada)
If the evidence the Respondent submitted was to add details of conversations and was not intended or capable or capable of raising any adverse implications regarding the credibility of the complainant, is it admissible evidence? (Ontario, Canada)
In determining that the contents of the cigarette package was tobacco processed in the form of cigarettes, and in the absence of any evidence supporting that tobacco products contained in the cigarette box contained tobacco, does the prosecution need to call expert scientific evidence? (Ontario, Canada)
What is the impact of a witness’s testimony on the evidence? (Ontario, Canada)
What impact would the inclusion of the evidence in the context of section 24(2) of the Charter under which the evidence is excluded? (Ontario, Canada)
How have the courts treated the credibility of the complainant's evidence in a sexual assault trial? (Ontario, Canada)
Is there any case law in which the Court has rejected evidence tendered in affidavit form as other affidavit evidence? (Ontario, Canada)
What is the test for establishing that evidence is credible and trustworthy? (Ontario, Canada)
Is a voir dire testimony held during the course of a trial considered to be evidence in a Charter application? (Ontario, Canada)
How have the principals of the Rules of Civil Procedure apply to evidence that contradicts the evidence given by the complainants in their cross-examinations? (Ontario, Canada)
