What is the test for leading evidence in Charter litigation?
Alberta, Canada
The following excerpt is from R. v. Derose, 2002 ABPC 53 (CanLII):
The nature of the evidence to be led is dependent upon the nature of the application in issue. Sopinka J. in Danson v. Ontario, supra found there were two types of facts in Charter litigation: “legislative facts” and “adjudicative facts”. “Adjudicative facts” are those between the immediate parties i.e. who did what, where, when, how, and with what motive and intent. “Legislative facts” are those that serve to establish the legislative background of legislation. “Legislative facts” can be proven by affidavit. “Adjudicative facts” are specific and must be proved by admissible evidence: Danson v. Ontario, supra at p. 1099.
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