Can a statement "let’s make sure we kill all the pigs” be excluded by the trial judge?
Alberta, Canada
The following excerpt is from R. v. McKinnon, 1982 ABCA 302 (CanLII):
I cannot agree that the statement “let’s make sure we kill all the pigs” should have been excluded by the trial judge because of its highly prejudicial effect. The limited jurisdiction of a trial judge to exclude admissible evidence is described as follows in the Queen v. Wray [1971] R.C.S., p.293: “It is only the allowance of evidence gravely prejudicial to the accused, the admissibility of which is tenuous, and whose probative force in relation to the main issue before the court is trifling, which can be said to operate unfairly.”
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