What is the test for admitting fresh evidence in a criminal case?
British Columbia, Canada
The following excerpt is from Halpin v. Halpin, 1996 CanLII 3370 (BC CA):
In deciding what evidence to admit, the court applied the usual rules for the admission of fresh evidence - that it was credible, that it could not have been obtained by the exercise of due diligence prior to trial, and that, if admitted, it would likely be conclusive of an issue in the appeal. These rules resemble closely those set down in Palmer v. The Queen, 1979 CanLII 8 (SCC), [1980] 1 S.C.R. 759, 106 D.L.R. (3d) 212, to govern fresh-evidence applications under s. 601(1)(d) of the Criminal Code.
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