Canadian Criminal Evidence/Testimonial Evidence

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Introduction[edit]

Testimonial evidence, also known as viva voce evidence or oral testimony, is evidence given by a witness in the form answers to posed questions.

Purpose of Testimonial Evidence[edit]

Testimonial evidence is the best way to ensure the most reliable and credible evidence is available for the trier of fact to consider.

Witnesses are encouraged to be honest, accurate, and complete by requiring them to give evidence under the requirements that:[1]

  1. the witness give an oath or affirmation to their evidence;
  2. their personal presence is necessary;
  3. they will be subject to cross examination
  1. R v Baldree 2012 ONCA 138 at 44

Topics[edit]