5th edition (Revised)

The Law of Evidence


Paciocco and Stuesser’s Law of Evidence, now in its 5th edition, is the most versatile text available on the Canadian law of evidence. The text has been cited and relied upon hundreds of times by courts of all levels across Canada, in both civil and criminal cases. It has also been adapted by the National Judicial Institute for their electronic bench book for trial judges. The new fifth edition carries on the practice in earlier editions of using new appellate level authorities to illustrate the law. Since the publication of the fifth edition, the Supreme Court of Canada issued decisions in R. v. Grant and R. v. Harrison which represent large-scale revision of its section 24(2) jurisprudence. As a result, Chapter 9 of this edition has be thoroughly rewritten in order to fully explore the impact of Grant and Harrison on the discretion to exclude evidence to preserve the fairness of a trial in the absence of a Charter violation.

Table of Contents


Chapter 1: Introduction
Chapter 2: Relevance and Materiality: The Basic Rule of Admissibility
Chapter 3: Character Evidence: Primary Materiality
Chapter 4: Hearsay
Chapter 5: Hearsay Exceptions
Chapter 6: Opinion Evidence
Chapter 7: Privilege
Chapter 8: Self-Incrimination
Chapter 9: Improperly Obtained Evidence
Chapter 10: Methods of Presenting Evidence
Chapter 11: Secondary Materiality and Your Own Witness
Chapter 12: Rules Relating to the Use of Admissible Evidence
Chapter 13: Conclusions

Table of Canadian Evidence Acts
Table of Cases
About the Authors

Of interest...