What is the legal test for introducing fresh evidence at trial?

British Columbia, Canada


The following excerpt is from R. v. Pratt, 2002 BCSC 198 (CanLII):

Constable Pratt has obtained a number of documents from the Crown and the R.C.M.P. which, he alleges, were not made available to him before trial. As that raises the issue of the introduction of fresh evidence, I advised him to read the case of Palmer v. The Queen (1979), 1979 CanLII 8 (SCC), 50 C.C.C. (2d) 193 at p. 205 (S.C.C.) that sets out the test for introducing fresh evidence: • The evidence should generally not be admitted if, by due diligence, it could have been adduced at trial (less strict in criminal proceedings than civil); • The evidence must be relevant in the sense that it bears upon a decisive or potentially decisive issue in the trial; • The evidence must be credible in the sense that it is reasonably capable of belief; and • It must be such that if believed it could reasonably, when taken with the other evidence adduced at trial, be expected to have affected the result.

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