Is the enactment of laws governing evidence in civil proceedings a permissible exercise of the legislature's power over the administration of justice?

British Columbia, Canada


The following excerpt is from Crowder v British Columbia (Attorney General), 2019 BCSC 1824 (CanLII):

The Attorney General contends the enactment of laws governing evidence in civil proceedings is a permissible exercise of the legislature’s power over the administration of justice under s. 92(14) and that the legislature has the power to restrict the ability of litigants to submit evidence. The Rules may also limit a court's discretion to depart from them, and often do, citing Brophy v. Hutchinson, 2003 BCCA 21.

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