credibility

APPEAL WATCH: Uneven Scrutiny and Twin Myth Safeguards – A Cry for Clarity 

Appeal Watch: SCC to Speak on Stereotypes and Common Sense in R v Tsang

Trial judges have a unique ability to assess evidence in a criminal trial: they see the witness, hear the testimony, and decide whether someone is believable. These findings are sometimes informed by intangibles, things that any person would struggle to articulate. Where a judge fails to articulate the evidence supporting a negative credibility finding, they […]

Assessing Credibility of Survivors: The ONCA Debunking Rape Myths and Stereotypes in R v Steele

A Fish to Fry: Another Sharply Divided Court in R v Daley

The Supreme Court of Canada ("SCC") recently released its decision in R v Daley, 2007 SCC 53 [Daley]. Though the majority and dissenting camps agreed upon the content of an appropriate jury instruction for the defence of intoxication, the two sides differed sharply when judging whether or not the trial judge delivered a fair and balanced […]