R v. L.O. [2015] O.J. No. 2956 (CA – Doherty): [34] L.F.’s prior consistent statements were also relevant to the jury’s assessment of the reliability of her evidence in a second, less direct way. Consistencies in her statements provided important context to assess the defence attack on L.F.’s reliability based on alleged inconsistencies. [35] The trial judge correctly told the Read more...
R v Cain, [2017] N.S.J. No 512 (CA – Fichaud): [39] I adopt the following explanation of the contextual exception from Justice Paciocco’s article which Mr. Cain cites as seminal (above, para. 33). Paciocco, J.A. (as he now is) said: While the basic rule is simple enough, there are numerous exceptions to that basic rule that complicate the law. An Read more...
