What is the proper test for determining whether a party has committed a crime by making false statements?
British Columbia, Canada
The following excerpt is from Scott v. Fulton, 2000 BCCA 124 (CanLII):
An examination of these short passages of the learned trial judge’s overall approach to analyzing the appellant’s statements reveal that the proper test as enunciated in Telnikoff v. Matusevitch, (supra) was not followed. The analysis used was more of a balance of probability approach and more in terms of an academic analysis, rather than what a reasonable person would immediately think while viewing the television broadcast, perhaps in the quietude of his armchair at home.
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