CRIM 330 Chapter Notes - Chapter 11: Divine Retribution, Affidavit, Adversarial System
9 Apr 2020
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Document Summary
This chapter discusses the rules relating to burden of proof, the nature of evidence, how it is introduced at trial, issues surrounding the testimony of witnesses, and the impact of the charter on these rules. 1982, scc made following comment on the rules of evidence: "start with the reality that the law of evidence is burdened with a large number of cumbersome rules, with exclusions, and exceptions to the exclusions, and exceptions to the exceptions" The burden (or onus) and standard of proof. The onus or burden of proof identifies which party must prove something (usually lies on the crown) Burden of proof = legal or ultimate burden. Standard of proof addresses the level of proof required. Criminal trial, standard is "beyond a reasonable doubt" Scc: "reasonable doubt is not an imaginary or frivolous doubt. It must not be based upon sympathy or prejudice. Rather, it is based on reason and common sense.
