What is the test for the defence of duress?
New Brunswick, Canada
The following excerpt is from R v Morningstar, 2016 NBQB 212 (CanLII):
Since the defence of duress is so evidence sensitive, it is first necessary to glean from the record any direct or indirect evidence bearing on the aforementioned legal elements and to place that evidence in the context of the totality of the evidence; all done without performing a traditional fact finding function. As R v. Grant reminded us, “the trial judge must take the evidence as true” (supra, at para. 20). A. Evidence
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