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Showing posts with the label Presumptions

Presumptions: The Honesty of Witnesses is not Presumed

The law recognizes no presumption of honesty among witnesses summoned to testify in a criminal trial. R. v. Luciano , 2011 ONCA 89 (CanLII), at para. 147.   The evidence of each witness is to be assessed in the light of the totality of the evidence without any presumptions except the general and over-riding presumption of innocence. R. v. Thain (2009), 2009 ONCA 223 (CanLII), 243 C.C.C. (3d) 230 (Ont. C.A.) , at para. 32 . Stuart O'Connell, O'Connell Law Group, www.leadersinlaw.ca