Part 2: The failure of the Federal / Provincial Task Force on
Uniform Rules of Evidence to have its Uniform Evidence Act enacted, because the piecemeal amendment of the law of evidence is preferred
Its final report was published as the, Report of the Federal / Provincial Task Force on
Uniform Rules of Evidence (Toronto: Carswell; 1982).
Late in 1977, because of the «mixed» reception that the Law Reform Commission of Canada's proposal for an Evidence Code to replace the Canada Evidence Act had received nationally, the Federal / Provincial Task Force on
Uniform Rules of Evidence had been formed under the sponsorship of the Uniform Law Conference of Canada (the ULCC), which body provides the mechanisms and procedures by which federal, provincial, and territorial government lawyers work together to maintain consistency and compatibility of federal and provincial laws.
I included a 1959 article from the Canadian Bar Review by Professor Graham Murray of the Faculty of Law at Dalhousie University, entitled, «Evidence: A Fresh Approach The American
Uniform Rules Of Evidence» (1959), 37 Can.
Not exact matches
The
Uniform Electronic
Evidence Act says how to apply the «best evidence» rule (which normally requires an original document, or a good explanation for the absence of the original) to electronic do
Evidence Act says how to apply the «best
evidence» rule (which normally requires an original document, or a good explanation for the absence of the original) to electronic do
evidence»
rule (which normally requires an original document, or a good explanation for the absence
of the original) to electronic documents.
The Court noted the source
of the CEA
rules in the
Uniform Electronic
Evidence Act.
I simply wish to remind my fellow Canadian lawyers and Canadian judges that the American legal profession has succeeded in codifying many
of our difficult common - law
rules of evidence, to argue that the Uniform Rules are worthy of our closest scrutiny and, finally, to advocate that the Canadian legal profession give consideration to the preparation of a similar code of evidence for use in this cou
rules of evidence, to argue that the
Uniform Rules are worthy of our closest scrutiny and, finally, to advocate that the Canadian legal profession give consideration to the preparation of a similar code of evidence for use in this cou
Rules are worthy
of our closest scrutiny and, finally, to advocate that the Canadian legal profession give consideration to the preparation
of a similar code
of evidence for use in this country.
Their drafts
of the Federal
Rules of Evidence owe an appreciable debt to the
Uniform Rules and to the California Code.
This difficulty is compounded by the fact that traditional laws and customs are transmitted orally from generation to generation, so
evidence of these may be restricted or inadmissible under the hearsay rule.137 This is an issue that has been identified by the Australian Law Reform Commission in its Review of the Uniform Evidence Act 1995.138 The Commission proposes that the uniform Evidence Acts should be amended to provide an exception to the hearsay and opinion evidence rules for evidence relevant to Aboriginal or Torres Strait Islander traditional laws and customs.139 The Commission also observed that there are strong arguments that the NTA should be amended as the relevant provision does not provide sufficient guidance on or certainty on the admissibility of evidence in native title proceedings.140 However, legislative amendment to the NTA falls outside the terms of reference of this
evidence of these may be restricted or inadmissible under the hearsay
rule.137 This is an issue that has been identified by the Australian Law Reform Commission in its Review
of the
Uniform Evidence Act 1995.138 The Commission proposes that the uniform Evidence Acts should be amended to provide an exception to the hearsay and opinion evidence rules for evidence relevant to Aboriginal or Torres Strait Islander traditional laws and customs.139 The Commission also observed that there are strong arguments that the NTA should be amended as the relevant provision does not provide sufficient guidance on or certainty on the admissibility of evidence in native title proceedings.140 However, legislative amendment to the NTA falls outside the terms of reference of this
Uniform Evidence Act 1995.138 The Commission proposes that the uniform Evidence Acts should be amended to provide an exception to the hearsay and opinion evidence rules for evidence relevant to Aboriginal or Torres Strait Islander traditional laws and customs.139 The Commission also observed that there are strong arguments that the NTA should be amended as the relevant provision does not provide sufficient guidance on or certainty on the admissibility of evidence in native title proceedings.140 However, legislative amendment to the NTA falls outside the terms of reference of this
Evidence Act 1995.138 The Commission proposes that the
uniform Evidence Acts should be amended to provide an exception to the hearsay and opinion evidence rules for evidence relevant to Aboriginal or Torres Strait Islander traditional laws and customs.139 The Commission also observed that there are strong arguments that the NTA should be amended as the relevant provision does not provide sufficient guidance on or certainty on the admissibility of evidence in native title proceedings.140 However, legislative amendment to the NTA falls outside the terms of reference of this
uniform Evidence Acts should be amended to provide an exception to the hearsay and opinion evidence rules for evidence relevant to Aboriginal or Torres Strait Islander traditional laws and customs.139 The Commission also observed that there are strong arguments that the NTA should be amended as the relevant provision does not provide sufficient guidance on or certainty on the admissibility of evidence in native title proceedings.140 However, legislative amendment to the NTA falls outside the terms of reference of this
Evidence Acts should be amended to provide an exception to the hearsay and opinion
evidence rules for evidence relevant to Aboriginal or Torres Strait Islander traditional laws and customs.139 The Commission also observed that there are strong arguments that the NTA should be amended as the relevant provision does not provide sufficient guidance on or certainty on the admissibility of evidence in native title proceedings.140 However, legislative amendment to the NTA falls outside the terms of reference of this
evidence rules for
evidence relevant to Aboriginal or Torres Strait Islander traditional laws and customs.139 The Commission also observed that there are strong arguments that the NTA should be amended as the relevant provision does not provide sufficient guidance on or certainty on the admissibility of evidence in native title proceedings.140 However, legislative amendment to the NTA falls outside the terms of reference of this
evidence relevant to Aboriginal or Torres Strait Islander traditional laws and customs.139 The Commission also observed that there are strong arguments that the NTA should be amended as the relevant provision does not provide sufficient guidance on or certainty on the admissibility
of evidence in native title proceedings.140 However, legislative amendment to the NTA falls outside the terms of reference of this
evidence in native title proceedings.140 However, legislative amendment to the NTA falls outside the terms
of reference
of this review.
In recognition
of the fact that the
rules of evidence have not been sufficiently responsive to some of the inherent difficulties in proving in an Australian court ATSI [Aboriginal and Torres Strait Islander] traditional laws and customs, the Commissions recommend that the uniform Evidence Acts be amended to include a provision dealing specifically with the admissibility of such e
evidence have not been sufficiently responsive to some
of the inherent difficulties in proving in an Australian court ATSI [Aboriginal and Torres Strait Islander] traditional laws and customs, the Commissions recommend that the
uniform Evidence Acts be amended to include a provision dealing specifically with the admissibility of such e
Evidence Acts be amended to include a provision dealing specifically with the admissibility
of such
evidenceevidence.
Ratio Decidendi Ratio Legis Real Property Recapture
of Alimony Recidivism Reciprocity Reconciliation Recrimination Recusal Rehabilitative Spousal Support Rejoinder Relief Remand Remedial Statute Removal
of Minor Child Request for Admissions Request for Production
of Documents Request for Inspection Residence Residency Res Judicata Respondent Restraining Order Restraining Statute Retainer: Retainer Agreement
Rules of Civil Procedure
Rules of Evidence RURESA (Revised
Uniform Reciprocal Enforcement
of Support Act)