Demeanour Evidence
Sometimes courts will receive demeanour evidence, that is to say, evidence of how a person appeared or acted after or during an event. In its normal, natural everyday sense, the term “demeanour” refers to conduct, behaviour, a way of acting or to a person’s bearing, mien or outward manner. Implicit in the reception of evidence of a person’s demeanour, however, are two invalid assumptions. The first assumes that for every action or event there is a normal reaction or manner of reaction. And the second is that an individual’s reaction actually reflects his or her inner emotional reaction or state: R. v. Wall (2007), 2005 CanLII 80695 (ON CA), 2005 CanLII, 203 C.C.C. (3d) 232 (Ont. C.A.), at para. 49. As a result of the invalid assumptions that underpin demeanour evidence, this evidence requires a predominance of probative value over prejudicial effect to be admissible: Wall , at para. 50; see also R. v. Pannu, 2015 ONCA 677. The evidence must be sufficiently clear to ...