Exclusion of Certain Circumstantial Evidence: Character and other Exclusionary Rules

TL;DRAbstract

Circumstantial evidence is real or testimonial evidence which, by means of inference, i.e., indirectly, aids in the deciding of a disputed issue.In contrast, direct evidence does not depend upon inference to aid in the deciding of the issue for which it is adduced.It is used directly to establish the proposition which it contains.This article will attempt to compare the provisions relating to circumstantial evidence recommended by the Law Reform Commission of Canada in its Report on Evidence 1 with the existing law in Canada.Reference will also be made to the British law and to existing codifications of the law in the United States.The principal American codification is the U.S. Federal Rules of Evidence 2 which became operative on July 1, 1975.Reference will also be made to the California Evidence Code 3 and to the Uniform Rules of Evidence, 1953. 4 The Uniform Rules, published by the National Conference of Commissioners on Uniform State Laws, have been adopted by a number of States.T

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