What is the test for admissibility of new evidence in a mental health case?
British Columbia, Canada
The following excerpt is from R. v. McIlvride, 1986 CanLII 1175 (BC CA):
While the new evidence does not in all respects meet the requirements for admissibility referred to in Palmer and Palmer v. The Queen (1979), 1979 CanLII 8 (SCC), 50 C.C.C. (2d) 193, [1980] 1 S.C.R. 759, 14 C.R. (3d) 22, we think in the unusual circumstances of this case the evidence should be received. It bears on the question whether, in the first stage of the process contemplated by s. 543(1), there was sufficient reason to doubt that the accused was, on account of insanity, capable of conducting his defence.
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