Watt's Manual of Criminal Evidence 2025 Edition

Authors: David Watt, Jill D. Makepeace

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Description

Watt's Manual of Criminal Evidence 2025 Edition synthesizes all the statute and common law evidence material into one easy-to-use handbook.

Watt’s Manual of Criminal Evidence, 2025 Edition – What’s New

Supreme Court of Canada Cases:

R. v. Charles, 2024 SCC 29, 98 C.R. (7th) 1
Absent an error in principle, a trial judge’s finding of threshold reliability for hearsay evidence is entitled to deference, with procedural and substantive reliability analyzed according to established criteria.
R. v. T.W.W., 2024 SCC 19, 437 C.C.C.(3d) 1
Decisions on the relevance of section 276 evidence are reviewable for correctness, but admissibility decisions are entitled to deference and may be revisited if material circumstances change at trial.
Societe Radio-Canada v. Personne designee, 2024 SCC 21, 438 C.C.C.(3d) 275
Judges have discretion to issue notice to third parties when confidential informant privilege is claimed, and may create parallel, sealed proceedings to protect confidentiality while permitting some public disclosure.

Court of Appeal Cases:

Fairy v. R., 2024 NBCA 92, 440 C.C.C. (3d) 377
Section 276 application materials are not disclosed to the complainant at the initial stage, but may be disclosed at stage two, subject to judicial discretion.
R. v. Jenkins, 2024 ONCA 533, 439 C.C.C. (3d) 499
A surveillance officer’s lay opinion that conduct observed was consistent with drug trafficking is inadmissible if the officer is not qualified as an expert.
R. v. N.G., 2024 ONCA 20, 434 C.C.C.(3d) 473
Trial judges’ section 276 admissibility decisions are entitled to substantial deference on appeal.
R. v. Foreshaw, 2024 ONCA 177, 434 C.C.C.(3d) 527
Witnesses may be cross-examined on offences subject to record suspension, including underlying facts.
R. v. Stevenson, 2024 SKCA 40, 436 C.C.C.(3d) 279
Vetrovec warnings require caution regarding unsavoury witnesses but do not mandate confirmatory evidence before acceptance.
R. v. Hart, 2024 BCCA 181, 437 C.C.C.(3d) 377
Prosecutors may not ask the accused to provide their “theory” of the case or explain evidence against them during cross.

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