Character Evidence: Difference between revisions
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==Introduction== | ==Introduction== | ||
Character evidence is evidence that invites the trier of fact to make an inference that the person is of a certain "type", thus inferring that the person acted consistently with that type of character. Character evidence can often become prejudicial | Character evidence is evidence that invites the trier of fact to make an inference that the person is of a certain "type", thus inferring that the person acted consistently with that type of character. Character evidence can often become prejudicial, particularly for the accused, and so must be taken with care. | ||
The general exclusionary rule for character evidence is on the basis that character evidence is not probative of anything.<ref> | The general exclusionary rule for character evidence is on the basis that character evidence is not probative of anything.<ref> | ||
Revision as of 07:28, 3 February 2023
Introduction
Character evidence is evidence that invites the trier of fact to make an inference that the person is of a certain "type", thus inferring that the person acted consistently with that type of character. Character evidence can often become prejudicial, particularly for the accused, and so must be taken with care.
The general exclusionary rule for character evidence is on the basis that character evidence is not probative of anything.[1]
- Self-Serving Evidence
Self-serving character evidence presented to simply bolster the credibility and reliability of a witness is of little value and is in danger of being fabricated.[2]
- ↑ R v Vant, 2015 ONCA 481 (CanLII), 324 CCC (3d) 109, per Watt JA, at para 64 ("The principal reason that underlies this general exclusionary rule is that the evidence lacks probative value. Character traits, after all, are more dynamic than static, and vary over time and across situations and individuals.")
- ↑
R v P(G), 1996 CanLII 420 (ON CA), 112 CCC (3d) 263, per Rosenberg JA
R v J(FE), 1989 CanLII 7131 (ON CA), 53 CCC (3d) 64, per Galligan JA
Topics
- Character of Accused
- Character of Non-Accused Persons
- Similar Fact Evidence
- Alternative Suspect Evidence
- Complainant's Sexual History