What is the legal test in s.24(2) of the Rules of Civil Procedure for excluding evidence in a sexual assault case?

Nova Scotia, Canada


The following excerpt is from R. v. Stevens, 1983 CanLII 2784 (NS CA):

I also agree with the remarks of Seaton J.A. in Collins v. The Queen, supra, where he placed the burden on the person who seeks to have the evidence excluded to establish that it would bring the administration of justice into disrepute, and then goes on to say [at p. 151 C.C.C., p. 50 D.L.R.]: I have mentioned that the middle ground adopted in a number of jurisdictions, leaving the matter in the discretion of the judge, is not the middle ground selected for Canada. Nothing in s. 24(2) suggests a discretion. If it is established that admission of the evidence would bring the administration of justice into disrepute "the evidence shall be excluded". There is only the one test. When it is passed, the evidence is excluded. If it is not passed, the evidence is admitted. There is no basis for any other test, or for the exercise of a discretion.

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