What is the traditional test for admitting fresh evidence on appeal?
Canada (Federal), Canada
The following excerpt is from Public School Boards' Assn. of Alberta v. Alberta (Attorney General), [2000] 1 SCR 44, 2000 SCC 2 (CanLII):
6 The traditional test for the admission of fresh evidence on appeal was stated by this Court in Palmer v. The Queen, 1979 CanLII 8 (SCC), [1980] 1 S.C.R. 759, at p. 775: (1) The evidence should generally not be admitted if, by due diligence, it could have been adduced at trial provided that this general principle will not be applied as strictly in a criminal case as in civil cases: see McMartin v. The Queen, 1964 CanLII 43 (SCC), [1964] S.C.R. 484. (2) The evidence must be relevant in the sense that it bears upon a decisive or potentially decisive issue in the trial. (3) The evidence must be credible in the sense that it is reasonably capable of belief, and (4) 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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