What is the role of a judge in determining the quality or reliability of evidence at trial?
Ontario, Canada
The following excerpt is from R. v. Persaud, 2017 ONSC 7007 (CanLII):
The judge is not to “weigh the evidence or test its quality or reliability once a determination of its admissibility has been made”. Nor should the judge draw inferences of fact from the evidence before them. These functions are for the trier of fact, the jury.” [R v. Monteleone, 1987 CanLII 16 (SCC), at p.161, (S.C.C.)]. Hence, the judge does not weigh evidence, test the quality or reliability of admissible evidence or draw inferences of fact.
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