Sentences with phrase «evidentiary principles»

In his class, students will work from two case files, one criminal and one civil, taking the role of advocates and arguing the evidentiary principles being studied as they arise in the cases.

While both the ethical duty of confidentiality and the evidentiary principle of the attorney - client privilege relate to information held by a lawyer, they are distinct concepts with separate parameters.

In contrast to the duty of confidentiality, the attorney - client privilege is the evidentiary principle that confidential communications between attorneys and their representatives and clients and their representatives and even prospective clients that are made for the purpose of obtaining or rendering legal advice, and not in furtherance of a crime or fraud, can not be compelled.

In contrast, the evidentiary principle of the attorney - client privilege is usually a creature of common law.

As described above, solicitor — client privilege in Canada is a substantive right that has evolved from an evidentiary principle to a quasi-constitutional right.

Not exact matches

The Court rejected that the motion judge erred in applying the traditional evidentiary burden and found that her application of this principle was not unreasonable and within her discretionary powers.

Applying these principles in the present case, the Court of Appeal found that the appellant met the evidentiary threshold on the basis of the offer being a «rare and exceptional event».

The unanimous judgment stated: «Solicitor - client privilege has evolved from being treated as a mere evidentiary rule to being considered a rule of substance and, now, a principle of fundamental justice.

Rather, it is a finding of conduct deserving of sanction or incompetent practice based on administrative principles, including applicable evidentiary rules.»

The SCC held that «[s] olicitor - client privilege has evolved from being treated as a mere evidentiary rule to being considered a rule of substance and, now, a principle of fundamental justice.»

Specific topics which have been covered in recent conferences include judicial ethics; interpreters; delivering reasons for judgment; assessing credibility; social media; technology and search warrants; managing a provincial offence trial; effectively communicating an oral judgment; risk assessment and indicators of lethality at bail hearings; the Youth Criminal Justice Act; eye - witness identification; conducting pre-trials; specific issues at trials of regulatory offences; fly - in - courts, residential schools; application of Gladue principles; mistrials and bias; accident reconstruction; search warrant issues; domestic violence issues; orders for examination under the Mental Health Act; child apprehension warrants under the Child and Family Services Act; evidentiary issues; discrimination and harassment in the workplace; stress management; and pre-retirement planning.

In applying the principles set out, Justice Watt reiterated the flexible nature of the rule in Browne v. Dunn: it's «not some ossified, inflexible rule of universal and unremitting application that condemns a cross-examiner who defaults to an evidentiary abyss» (para. 89).

Develop a solid foundation in administrative law through an examination of natural justice principles, evidentiary issues, and the judicial review process.

This program highlights topics fundamental to administrative law, including principles of natural justice, evidentiary issues, legislation interpretation, and the judicial review process.

The policies can also establish different evidentiary requirements and adjudicative principles for different entitlements.

Is it better to approach evidentiary problems with a system of rules and exceptions, or should a «principled approach» be adopted?

Finally, respect for human rights obligations, especially the right of indigenous communities «to practice and revitalise their cultural traditions and customs» [74] and to equality before the law, including in the enjoyment of the right to equal treatment before the tribunals and all other organs administering justice [75], calls for the development of principles which address the unique evidentiary issues involved in native title litigation, including the reality of claims based substantially upon orally - transmitted traditions, the lack of written records of indigenous laws and customs, the «unsceptical» receipt of uncorroborated historical evidence incapable of being tested under cross-examination, and the epistemological, ideological and cultural limitations of historical assessments of traditional laws and customs by non-indigenous commentators.

For the same reasons, in order to give effect to human rights principles, back door or de facto extinguishment which, according to the Commonwealth's submissions, is not true extinguishment, rather the evidentiary impossibility of establishing the fact of native title, should be rejected.