How to Challenge Evidence in Canadian Criminal Trials

Evidence is the building block of any criminal case, and its weight thus serves to determine the case outcomes with regard to whether a given accused is found to be guilty or otherwise. It is, therefore, important for those on trial to understand exactly how such evidence is analyzed, along with how it might appropriately be challenged. After all, challenging evidence does not really mean challenging all forms of evidence but rather challenging methods of its obtention, reliability, and relevance. This could, in turn, when successfully achieved, weaken the prosecution case through sowing seeds of doubt within the judge’s or jury’s mind. The focus of this article is on the variety of ways in which, within criminal trials in Canada, evidence can be objected to, from procedural points, through admissibility, to the credibility of the evidence.

Understanding the Rules of Evidence

Rules of evidence in Canada result from both case law and statutes and, notably, the Canadian Charter of Rights and Freedoms. The rules reflect what is and what is not permissible during a criminal trial. The significance of mastering such rules is that they are applied in order to assess whether evidence is admissible or not. There are kinds of evidence that are always admissible, yet on the same note, some types may be ruled out on the basis of some legal technicality. For instance, evidence obtained through the violation of an individual’s constitutional rights, concerning illegal search and seizure will most likely be deemed as inadmissible. This process of challenging evidence can take the initial form when there was a procedural error involved in its collection. Indeed, if a Charter right has been violated, such a situation can be used for building the grounds on the basis of which its admissibility in court can be challenged legally.

How a Lawyer Can Help Dispute Evidence

While the foregoing strategies can be resorted to by any individual facing trial, they are nevertheless more effectively utilised when the services of a criminal lawyer Toronto are engaged. He knows how to find lapses in evidence presented by the prosecution and to assail it on legally justifiable grounds. From challenging admissibility, revealing inconsistencies in witness testimonies, or questioning forensic evidence-all that till the end will be looked after and taken care of by the lawyer with representation and protection of rights of a defendant. Professional legal assistance often greatly increases the chances of successfully contesting the evidence to secure a favorable judgment.

Challenging Illegally Obtained Evidence

The most common way evidence is excluded at a Canadian criminal trial is by the argument that it was obtained illegally. Where any evidence has been obtained in breach of the right against unreasonable search and seizure under the Charter of Rights and Freedoms in Canada, such evidence ought to be excluded. For example, evidence acquired in cases where the police have carried out an illegal search without a warrant or consent when necessary is excludable. In exceptional circumstances, even though evidence may be found to have been procured illegally, it may nonetheless be admissible if its exclusion would tend to bring the administration of justice into disrepute. This is infrequently found to be so, however, and the suspect will often benefit by attacking the evidence in this manner.

Chain of Custody Challenges

Another way of challenging the evidence in a criminal trial involves an attack on the chain of custody. The Chain of custody is a chronological documentation of how evidence was handled from the time it was collected up to the time it will be presented in court. A gap, inconsistency, or failure of this chain may give rise to a question with regard to the integrity of the evidence. For instance, physical evidence like drugs or weapons is not admissible if at all it was not preserved in the right manner from the time it was discovered to the time the case will be closed. These are fundamental issues of the investigation, and any break in the chain of custody, a mistake or error therein, questions whether the evidence produced before the court is the same that was collected earlier, therefore raising its inadmissibility or not being persuasive enough by the judge or the jury.

Challenging Expert Testimony

Expert testimony is usually fundamental in criminal trials, especially in areas involving forensic evidence and medical examinations. It may, however, be attacked by an attack on the expert’s qualifications, his methodology, or his conclusions. For instance, the defendant can challenge the expert if his qualifications are weak or his methods are unreliable or outdated. Another chance to weaken the prosecution’s case is when another expert contradicts the testimony.

Attacking Witnesses’ Credibility

One of the integral parts of most criminal trials is witnesses. However, witnesses are not perfect, and most of them can be doubted, credibility-wise. One of the most feasible ways to contest evidence is by attacking the credibility of witness statements. This can be achieved by indicating some inconsistencies or contradictions in the testimony of the witness, showing that he may have an ulterior motive or bias, or indicating his ability to observe or remember certain details. Sometimes, a witness might have a history of deceit that can be used to impeach them. By planting reasonable doubt in the mind of the jurors regarding the accuracy of the testimony of a witness, the defendant may be afforded an opportunity to undermine the prosecution’s case in its entirety.

Attack on the Reliability of Confessions

In many criminal prosecutions, the most valuable evidence presented by the government is the defendant’s own confession. There are several methods by which such confessions can be attacked. One of the more common methods is to argue it was coerced or under duress. The Canadian Charter of Rights and Freedoms protects individuals against self-incrimination, and confessions can be deemed inadmissible if found to have been obtained in improper ways, for instance through threats or other undue pressures. Another plausible challenge would be that a confession may be made out of legal protection, such as protection to a lawyer. If the confession plays a very significant role in the case against the suspect, the inability of the suspect to deny the crime as a result may be seriously and adversely impacted.

Contesting evidence is part and parcel of a criminal trial self-defense in Canada. From questioning the methods of collecting evidence to questioning the credibility of the witnesses, there is much leeway in which a defendant can question the evidence being presented against them. He has to understand how to challenge evidence if he is to be accorded a fair hearing of his rights. Not all evidence presented is challenged successfully, but such weak points, if well pointed out and presented to the court, make all the difference in the outcome of the case. These strategies will help the defendant to ensure that due scrutiny of his case has been performed and evidence tested.

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