NCJ Number
77586
Journal
Osgoode Hall Law Journal Volume: 16 Issue: 2 Dated: (October 1978) Pages: 445-493
Date Published
1978
Length
49 pages
Annotation
Provisions relating to circumstantial evidence recommended by the Canadian Law Reform Commission are compared with pertinent existing Canadian law, with particular attention to evidence bearing on character, preventive actions, and compromises.
Abstract
Circumstantial evidence is real or testimonial evidence which, by means of inference, aids in deciding a disputed issue. In contrast, direct evidence does not depend upon inference to aid in deciding an issue. It is desirable to place in statutory form the rules that govern the exclusion of certain circumstantial evidence. Rules as to evidence bearing on character and disposition particularly need clarification. The proposed Evidence Code (sections 17 to 20 inclusive) helps in this regard by separating character or disposition evidence bearing on conduct in the case at issue from character evidence bearing upon a defendant's credibility. Provisions dealing with preventive actions (evidence with respect to subsequent remedial measures, liability insurance, and the payment of medical and similar expenses in injury cases) and compromises (circumstantial evidence from which an acknowledgement of liability can be inferred) are covered for the most part in present law. They are reasonably clear and should cause no more difficulty in interpretation than the comparable rules in the existing case law but with the advantage that they are more accessible. Footnotes are included. (Author abstract modified)