What is the test for credibility in a peace officer's report?
British Columbia, Canada
The following excerpt is from Kirby v British Columbia (Superintendent of Motor Vehicles), 2019 BCSC 1625 (CanLII):
It is for the adjudicator to weigh the evidence. In doing so, an adjudicator must address and seek to resolve conflicts in material parts of the evidence: Mackenzie v. British Columbia (Superintendent of Motor Vehicles), 2018 BCCA 354 at paras. 76-78. There is no baseline credibility or presumption of reliability given to a peace officer's report: Scott at para. 32. See also: Scott v. British Columbia (Superintendent of Motor Vehicles), 2013 BCSC 676 at paras. 34-40, aff’d 2013 BCCA 554; Petrov v. British Columbia (Superintendent of Motor Vehicles), 2014 BCSC 274 at paras. 19-21.
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