EVIDENCE, 6 - JUDICIAL NOTICE, 7 - OPINION AND EXPERT EVIDENCE, 8 - BURDENS OF PROOF AND PRESUMPTIONS

• NCJ Number: 37866
• Author(s): ANON
• Date Published: 1973
• Length: 138 pages
• Corporate Author: Law Reform Cmssn of Canada
• Publication Format: Document
• Language: French; English
• Country: Canada

Annotation

PART OF THE EVIDENCE PROJECT OF THE LAW REFORM COMMISSION OF CANADA, THIS PAPER EXAMINES THE CURRENT RULES OF EVIDENCE CONCERNING JUDICIAL NOTICE, EXPERT WITNESSES, AND BURDENS OF PROOF AND MAKES RECOMMENDATIONS.

Abstract

POSSIBLE REFORMULATIONS OF THE LAW ARE SUGGESTED IN THE INTERESTS OF CONSISTENCY AND LAW REFORM. COMMENTS ARE MADE ON LEGISLATIVE PROPOSALS. THE SECTION ON JUDICIAL NOTICE (PROVIDING FOR JUDICIAL NOTICE OF GENERAL ECONOMIC, SOCIAL, AND SCIENTIFIC FACTS) REFLECTS THE COMMISSION'S PHILOSOPHY OF THE ROLE OF COURTS IN GOVERNMENT. THE PROPOSED RULES RECOMMENDED IN THE STUDY PAPER ON EXPERT AND OPINION EVIDENCE ARE BROAD ENOUGH TO PERMIT AN EXPERT TO TESTIFY WITH RESPECT TO A WITNESS' VERACITY OR A PARTY'S CHARACTER. THE BURDEN OF PROOF PAPER MAKES SEPARATE RECOMMENDATIONS TO CLARIFY THE BURDEN OF PERSUASION AND THE BURDEN OF PRODUCING EVIDENCE. SEE ALSO NCJ-37769-71. --IN ENGLISH AND FRENCH