What is the test for admitting evidence in a criminal case?

Nova Scotia, Canada


The following excerpt is from Children’s Aid Society of Cape Breton-Victoria v. A.L., 2010 NSSC 33 (CanLII):

[1] The evidence should generally not be admitted if, by due diligence, it could have been adduced at trial provided that this general principle will not be applied as strictly in a criminal case as in civil cases: See McMartin v. The Queen, [1964] S.C.R. [484];

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