Abstract
This paper explores the issue of whether or not the rules of evidence in Canada discriminate against defendants or, conversely, work in their favor. After examining a representative sampling of the available legal record, the writer concludes that - in both civil as well as criminal law - every effort is undertaken to protect defendants from evidence being admitted that might unjustly prejudice them in the eyes of a judge or, more likely, the eyes of a jury. Along the way, the paper looks at how judges have grappled with the challenges posed by new information-collecting technologies as they pertain to the issue of what is, and what is not, an appropriate document as well as what the legal concepts "trustworthiness" and "Best Evidence Rule" really mean - and what their implications are for defendants. From there, the paper proceeds to enter into a discussion of the Canadian Charter of Rights and Freedoms and how it protects defendant prerogatives.

From the Paper
"Generally speaking, the admissibility of documents in Canadian courts is more open to interpretation than ever before; for example, by the 1990s there was a growing trend towards trial judges exercising discretionary power with regards to what documents should be ruled admissible in courts and which ones should not be admissible. What should not be overlooked in all of this is that justices are making these determinations at a time when technology is changing the way in which technology is stored dramatically."

Tags:prejudice, polygraph, evidence

Abstract
This paper explores the issue of whether or not the rules of evidence in Canada discriminate against defendants or, conversely, work in their favor. According to the paper, the Canadian legal system makes every effort to protect defendants from evidence being admitted that might prejudice them in the eyes of a judge or a jury. Additionally, the paper looks at how judges have dealt with the challenges posed by new information-collecting technologies as they pertain to the issue of what is, and what is not, an appropriate document. The paper also considers the Canadian Charter of Rights and Freedoms and how it protects defendant prerogatives.

From the Paper
"The following paper will explore the issue of whether or not the rules of evidence in Canada discriminate against defendants or, conversely, work in their favor. After examining a representative sampling of the available legal record, this writer concludes that - in both civil as well as criminal law - every effort is undertaken to protect defendants from evidence being admitted that might unjustly prejudice them in the eyes of a judge or, more likely, the eyes of a jury. Along the way, the paper looks at how judges have grappled with the challenges posed by new information-collecting technologies as they pertain to the issue of what..."

Tags:rules, evidence, canada

Abstract
This paper explains that, because Canadian law seeks, as a general rule, to reward the efforts of the spouses equally vis-a-vis the allocation of the marital goods, it seems fairly evident that the woman should receive half of everything acquired by her husband over the course of their marriage. The author points out that this ruling includes a "fair" portion of the former husband's pension if that was something he was able to secure after their marriage unfolded. The paper argues that the spouse took care of the children and has been out of the workforce for nearly two decades; therefore, it would be patently unfair to leave her without some long-term means of support. The author stresses that she is every bit as entitled to enjoy the fruits of the husband's success as he is.

From the Paper
"First of all, Canada has a 20-year old Divorce Act which clearly states that a divorce is permissible if the couple have been separated for at least one year. In that regard, there is really no way that either party can contest the decision to end the relationship even if one of them decides after the fact that they wish to keep things going; from Kate's perspective, any fears that Ben might turn around and contest the agreed-upon divorce at some point in the future appear to be ill-founded. In any event, Kate is still in a challenging situation - at least at first glance."

Tags:allocation, partners, stay-at-home, equality, pension

Abstract
The paper discusses how while the law has been established to be a slow and deliberate moving entity, it has still shown both a willingness and ability to keep up with technological changes in the world. The paper relates that the law has done this not only by amendments to the federal rules of evidence but also by the various holdings of the courts as evidenced by the body of case law extant on various technological subjects.

From the Paper
"The law of evidence has kept up with scientific innovations for the last century. Indeed, scientific proof is one of the chief types of evidence in criminal cases and is often considered the foundation of circumstantial evidence cases. In the early 1960's, scientific evidence was relatively unimportant. Prosecutors relied primarily on physical evidence and lay testimony, especially the testimony of eyewitnesses. For their part, defense counsel responded in kind. However, in that same decade, the Warren Court began fashioning the fourth, fifth, and sixth amendment exclusionary rules. Those rules restricted the admissibility of the..."

Tags:law, science, evidence

Abstract
This paper explores the way in which electronic evidence has been incorporated into the rules of evidence, focusing first on information gathered or processed wholly by computers, and secondly, on information where there has been a certain amount of human intervention. The paper focuses on the problems posed in terms of how the rule against hearsay applies, however, consideration is also given to other troublesome aspects of such evidence. The paper concludes that the challenges posed for the rules of evidence by mechanically generated information can be overcome, but only with sufficient legislative impetus.

Outline:
Introduction
The Rule Against Hearsay
Defining the Evidence
Defining the Evidence - "Real Evidence"
Human Intervention in Electronic Evidence and the Rule Against Hearsay
Electronic Evidence and the Need for Reform
Conclusion

From the Paper
"Of course, technology in 2006 had advanced hugely even since the 1990s, so while determination of whether the evidence in question was real evidence became clear relatively early on in case law, other problems arose which were of a more practical nature. For example, in Derby v. Weldon (No. 9) , though the evidence in question, which was stored on the defendant's computer, was easily defined as a "document" by the court, the difficulty lay in the discovery of said documents. The first issue brought to the court's attention was that the prosecution could not access the relevant information without also accessing all other information stored on the computer. Secondly, the prosecution could not ask for discovery where there was a possibility that extracting the information would necessitate the entire reprogramming of the computer. Thirdly, access to the computer would disrupt the daily use thereof which was also impermissible. Further to this, there were complications as to how the diskettes to which the information was transferred could be read. Put simply, the court suffered from lack of guidance on these specific and very technical issues. It is suggested that such issues arise less frequently nowadays since technology has advanced to a point where these problems can be overcome quite easily. Nevertheless, the difficulties with which the court was faced in Derby v. Weldon (No. 9) demonstrate the need for clear legislative guidelines which pre-empt technological advances."

Tags:computers, document, self-corroboration, jury

Abstract
The paper discusses how Little quotes the editor of Sherbrooke's St. Francis Telegraph and Commercial Advertiser from 1851, that a class war was occurring over vacant land in Canada between the privileged few and the general population. The paper explains that this direct quote from a Canadian newspaper in the period prior to Confederation is evidence that absentee proprietorship of potentially fertile and cultivatable land was widespread at the time. Moreover, the paper asserts that this quote is also evidence that this practice had come in for widespread criticism, and that there was a struggle between the general population who sought use of this land, and the absent owners who sought to retain ownership of the land.

From the Paper
"On page 381, Little quotes the editor of Sherbrooke's St. Francis Telegraph and Commercial Advertiser from 1851, that a class war was occurring over vacant land in Canada between the privileged few and the general population. This direct quote from a Canadian newspaper in the period prior to Confederation is evidence that absentee proprietorship of potentially fertile and cultivatable land was widespread at the time. Moreover, this..."

Tags:history, essay, evidence

Abstract
This paper states that few texts can make claims to possess the kind of methodical comprehensiveness as George Melnyk's "One Hundred Years of Canadian Cinema". The author discusses various aspects of the text to provide an evaluation of the importance of the book's contribution to the study of cinema in Canada. The paper includes the author's argument, the credibility of the evidence and the overall value of the book.

From the Paper
"Few texts can make claims to possess the kind of methodical comprehensiveness that George Melnyk's One Hundred Years of Canadian Cinema does. It is a massive, tome of a book whose physical heft correctly suggests all of the intellectual and academic weight that the author imbued within the pages of the three hundred sixty-one page work on the history of the Canadian cinema. Not to give away my feelings on the book prematurely, but the work that Melnyk managed in composing this piece of much-needed non-fiction should be considered one of the author's greatest achievements. The remainder of this review will be divided into four sections. The first will examine Melnyk's thesis, argument, and goal in writing "One Hundred Years of Canadian Cinema"."

Tags:canadian, cinema, review

Abstract
The paper asserts that the concept of a common national interest and Canadian identity in relation to any field is a tricky one in this current environment of thriving globalization. The paper goes on to discuss how many other countries identify Canada as being a country that is not only the home of maple syrup and the bearer of the red leafed flag, but the home of ice hockey, one of the globe's most popular and growing sports. The paper emphasizes that this is despite the notion of a national identity being threatened by both globalization and the continuing segmentation of Canada into smaller, separate segments, as evidence by the distinctiveness of Quebec society.

From the Paper
"Gruneau and Whitson write that there has been "endless discussion about the kind of common culture and Canadian identity that best defines the 'national interest' and the nature of our 'national community'" (p. 273). Using examples from the readings for the course, discuss this statement in relation to the game of hockey. The concept of a common national interest and Canadian identity in relation to any field is a tricky one in this current environment of thriving globalization. However, one can identity key national themes upon examining observers' perceptions of a national climate, for example the Canadian state. Many other countries identify Canada as being a country..."

Tags:canadian, identity, hockey

Abstract
The paper provides an introductory background to the case "Chaoulli v. Quebec" and devotes time to looking at the facts of the case and the main issues with which the Court was forced to deal. The paper also introduces other issues that various scholars have cited arising from the Supreme Court's ruling - a ruling which more than one observer has considered erroneous and poorly-conceived. The next section of the paper looks at the final judgment and highlights the various positions taken by the Court. The paper concludes by looking at the arguments of those who find the court decision baffling. The paper argues that the Supreme Court used faulty logic when applying the available evidence, was plainly contradictory in applying Sections 1 and 7 of the Canadian Charter - relative to at least one other comparable case - and used a subjective "reasonableness" measure that falls outside the accepted parameters of fundamental justice.

From the Paper
"The following paper will provide a case commentary of the 2005 Supreme Court ruling in Chaoulli v. Quebec (Attorney General). After providing an introductory background on the case, time will be devoted to looking at the facts of the case and the main issues with which the Court was forced to deal; this section will also introduce other issues that various scholars have cited arising from the Supreme Court's ruling - a ruling which more than one observer has considered erroneous and..."

Tags:quebec, supreme, court

Abstract
This paper first relates that, years after his diagnosis, Johnson Aziga had unprotected sex with at least 13 women during which he not only failed to disclosed he was HIV positive but also, in at least one case, reassured the woman that he had received negative results on his test. Next, the author underscores that Canadian courts ruled that an individual cannot truly consent to sex if his/her partner, who is HIV-positive does not disclose this information; therefore, the death of the two women, with whom Aziga had sex, was regarded as murder as opposed to manslaughter. The paper defends the court's proceedings and verdict of murder despite the opposition of HIV activists.

From the Paper
"The case involving Johnson Aziga was absolutely the right thing to do. This situation goes far beyond passing along the virus unwittingly. He was in full knowledge of all the facts, his HIV status, the risks, how to proceed with caution, what to do, what not to do, and most important he had an indisputable responsibility to disclose the condition to sexual partners. Yet he blatantly ignored everything, and will absolute knowledge and willful actions, did not tell his partners, nor did he use protection. He even lied when asked about being tested. Seven of his partners became infected and two eventually died"

Tags:evidence, full disclosure, unprotected sex, defense misinformation