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NEW In-House Counsel | Insurance | Intellectual Property | Immigration | Natural Resources | Real Estate | Tax

False premise

Thursday, June 04, 2015 @ 8:00 PM | By Timothy Moore

When the voluntariness of a confession is challenged at trial, judges may be required to appraise the weight of confirmatory evidence whose probative value must be evaluated. The greater the concerns raised by the manner in which the confession was obtained, the more important it will be to find indicators of reliability in the attendant evidence. As the SCC noted in R. v. Hart [2014] S.C.J. No. 52, “confirmatory evidence…can provide a powerful guarantee of reliability.”

The task is a difficult one for two reasons, and...