Paciocco and Stuesser’s Law of Evidence, now in its sixth edition, is the most versatile text available on the Canadian law of evidence. The text has been cited and relied upon hundreds of times by courts of all levels across Canada, in both civil and criminal cases. It has also been adapted by the National Judicial Institute for their electronic bench book for trial judges. The new sixth edition carries on the practice in earlier editions of using new appellate level authorities to illustrate the law. Since publication of the fifth edition, the Supreme Court of Canada issued decisions in R. v. Grant and R. v. Harrison which represent a large-scale revision of its section 24(2) jurisprudence. As a result, Chapter 9 of this edition has been thoroughly rewritten in order to fully explore the impact of Grant and Harrison on the discretion to exclude evidence to preserve the fairness of a trial, in the absence of a Charter violation.
About the authors
The Honourable Justice David M. Paciocco of the Ontario Court of Justice is formerly a Professor of Law at the University of Ottawa, Common Law Section. While a professor, he served as a prosecutor over a several year period before engaging in a specialized criminal defence practice. He has written extensively about criminal law and is a frequent lecturer at continuing education programs for judges and lawyers. His academic writings have been relied upon, on numerous occasions, by courts in Canada, New Zealand, Australia and by the Privy Council.
Lee Stuesser is the founding dean of law at the Bora Laskin Faculty of Law, Lakehead University. Prior to this position he was a professor of law and the director of the Canadian Law Program at Bond University in Australia. Before moving to Australia, he taught evidence, advocacy, and criminal law at the University of Manitoba for twenty years. He is the author of two books on advocacy: one for Canadian lawyers, An Advocacy Primer, and one for Australian barristers and solicitors, An Introduction to Advocacy.