What is the test for oral history evidence in civil law?
British Columbia, Canada
The following excerpt is from Tsilhqot'in Nation v. British Columbia, 2007 BCSC 1700 (CanLII):
On February 6, 2004, I made a ruling on the admission of oral history evidence. In that ruling I established a procedure for the preliminary examination of lay witnesses who intended to offer oral history evidence. The purpose of that procedure was to assist the court in assessing the necessity and reliability of oral history evidence and ultimately, its admissibility: William v. British Columbia, 2004 BCSC 148.
On May 6, 2004, I directed counsel to frame an issue of law or fact, or partly of law and partly of fact, pursuant to Rule 33. Counsel were unable to frame such a issue by consent. On July 16, 2004, following submissions by counsel, I concluded that this case or specific issues arising in this case ought not to proceed as a stated case pursuant to Rule 33: William v. British Columbia, 2004 BCSC 964.
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