What is the test for admissibility of surveillance evidence?
Ontario, Canada
The following excerpt is from Syed v. Petrie, 2020 ONSC 664 (CanLII):
The test for admissibility of all surveillance evidence, for whatever use and whenever produced, is relevance and materiality. Relevant evidence is prima facie admissible unless the party objecting to its admission can show that its probative value is outweighed by its prejudicial impact on the objecting party. “Prejudicial” does not mean that the evidence is detrimental to the objecting party’s case, but rather that the admission of the evidence will have a negative impact on the fairness and integrity of the proceedings: Ismail v. Fleming, 2018 ONSC 6311, at para. 13.
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