What is the evidential standard for admission of evidence at trial where issues of trial fairness are concerned?
Saskatchewan, Canada
The following excerpt is from R v Starblanket, 2019 SKCA 130 (CanLII):
The evidential standard for admission where issues of trial fairness are concerned is that the evidence must be relevant to the remedy sought before the court of appeal, credible and convincing, and sufficient, if uncontradicted, to justify the appellate court making the order sought (see: [W.W.]; and United States of America v. Shulman, 2001 SCC 21 at para. 45, [2001] 1 S.C.R. 616).
"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 standard for a trial judge to accept all the evidence presented to the court? (Saskatchewan, Canada)
What is the test for admissibility as evidence of a certificate of marriage issued out of the kingdom of Belgium? (Saskatchewan, Canada)
What is the standard for a jury charging a jury in a joint trial where out-of-court statements are tendered? (Saskatchewan, Canada)
In what circumstances will the trial judge allow the parents of a plaintiff to participate in the trial? (Saskatchewan, Canada)
Does the trial judge err in allowing the respondent to introduce parol evidence? (Saskatchewan, Canada)
What is the test to determine whether there is sufficient evidence to put the accused on trial? (Saskatchewan, Canada)
How has the jury been instructed in a sexual assault trial to consider corroboration evidence? (Saskatchewan, Canada)
What is the standard of proof required for a learned trial judge to prove a claim of false imprisonment? (Saskatchewan, Canada)
Is evidence of a subsequent declaration of intent admissible to enhance damages? (Saskatchewan, Canada)
Can a defendant at trial advance the defence of misrepresentation at trial? (Saskatchewan, Canada)
