What are the factors used by the BCSC to determine whether a witness is credible and reliable?

British Columbia, Canada


The following excerpt is from Achan v Jin, 2020 BCSC 1430 (CanLII):

The factors identified in Bradshaw v. Stenner, 2010 BCSC 1398 at para. 186 also inform the assessment of whether the evidence of a witness is credible and reliable. They include: • the capacity and opportunity of the witness to observe the events at issue; • the witness’s ability to remember those events; • the ability of the witness to resist being influenced by their interest in recalling those events; • inconsistency in the witness’s evidence, meaning changes in their testimony between or during direct and cross-examination, or inconsistencies between prior statements, discovery evidence and their evidence at trial; • whether the witness’s evidence harmonizes with or is contradicted by other evidence, particularly independent or undisputed evidence; • whether their evidence seems unreasonable, improbable or unlikely, bearing in mind the probabilities affecting the case; and • the witness’ demeanour, meaning the way they presented while testifying.

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