LAW453
Evidence
(Seaman & Shapka)
Prerequisite courses:
Prerequisite for: Advocacy (LAW 608) / Advanced Evidence (LAW 675)
Instructor(s): Alexandra Seaman & Tania Shapka
Course credit: 3
Method of presentation: Lecture and practical presentations/scenarios
Teamwork: No
METHOD OF EVALUATION
Students can choose to be evaluated in two different ways:
(1) based solely upon their performance on a restricted-resource closed-book final exam worth 100% of the final grade
(2) based upon their performance on the same restricted-resource closed-book final exam, plus either or both take-home written midterm assignments worth up to 30% of the final grade, as follows:
Written mid-term assignment worth 25%
Court observation and reflection worth 5%
In this case, up to 30% of the grade will be assessed based upon performance on the midterm assignment(s) with the remainder being assessed based on the final exam worth the remaining percentage totalling 100% (i.e. the final exam score is weighted 70% if both assignments are counted, 75% if only the written assignment is counted, and 95% if only the court reflection is counted).
Note that the mid-term assignment components will only count towards the final grade if the individual assignment mark is higher than the final exam mark.
The “restricted-resource closed-book final exam” is an exam completed in the CLOSED Exam4 mode. Students are not permitted to bring in any material EXCEPT a hard copy reference sheet with specifications as defined in the course outline (two double sided 8.5” x 11” sheets of paper).
COURSE DESCRIPTION
This course provides students with an overview of the law of evidence in criminal and civil matters, with a focus on the application of the rules of evidence in the courtroom. Emphasis will be on leading Supreme Court of Canada jurisprudence, the Canada Evidence Act, and how the rules of evidence intersect with the Charter. This course will begin with an introduction to admissibility and will explore topics including hearsay, opinion evidence, character evidence, privilege, and the role of the gatekeeper in assessing admissibility. This course aims to provide students with the answer to the foundational questions: What is evidence? How is admissibility determined? Who bears the burden of establishing admissibility? It also aims to provide students with an overview as to how these rules operate in the real-world trial context by considering practical examples.
SPECIAL COMMENTS
Description updated 2026-27. Please contact the instructor for any specific questions you may have related to this particular course section.
REQUIRED TEXTS (IF ANY):
David M. Paciocco, Palma Paciocco & Lee Stuesser, The Law of Evidence, 8th ed (2020)