Canadian Criminal Evidence/Exemptions from Proof
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< Canadian Criminal Evidence(Redirected from Canadian Law of Evidence/Exemptions from proof)
There are certain situations in which facts need not be proven and the Judge will be allowed to either presume something or declare something a "fact" by Judicial Notice.
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[edit] Presumptions and Inferences
A presumption is a reasoning process whereby to some degree, proof of one fact (including the proven absence of a fact) is taken as evidence of another fact. For example, A is an adult, so it is presumed that A is legally competent.
[edit] Permissive presumptions
[edit] Mandatory presumptions
[edit] Judicial Notice
A Judge accept something as fact thereby exempting the requirement to present evidence to establish the fact where:
- the fact is so notorious or generally accepted as not to be the subject of debate among reasonable persons; or
- the fact is capable of immediate and accurate demonstration by resort to readily accessible sources of indisputable accuracy[1]
[edit] Admissions
[edit] Agreed Statements of Fact
If the Crown and defence submit evidence that constitutes an agreed statement of facts, then it should be accepted by the trial judge as “conclusive of the admitted facts".[2]
