How Has the Law Responded: Self-instruction, Impartiality, Evidence and Credibility & Closing Remarks (1:59:11)
1:00 – 3:00 pm How Has the Law Responded: Self-instruction, Impartiality, Evidence and Credibility
How do trial judges, juries and tribunals assess credibility in a diverse society: can we expect or should we expect accommodations? How should one instruct oneself as a decision-maker when dealing with issues of difference pertaining to culture and religion? Is there social science that we need to know about regarding the process of decision-making as it relates to cultural and religious difference? Can we count on the present rules of evidence to take appropriate account of the changing nature of Canadian society? Some of the topics that will be considered include: the burden of proof, documentary evidence, the use of social context evidence and the role of demeanour assessing credibility and treating witnesses, the ethics of decision-making and the limits to judicial notice. The panel will also consider whether the issues in R. v. S. (R.D.),  3 SCR 484 would be viewed the same way today as they were 20 years ago?
- The Honourable Chief Justice Michael MacDonald, Chief Justice of Nova Scotia
- Professor Natasha Bakht, University of Ottawa
- The Honourable Justice Donald F. McLeod, Ontario Court of Justice
- Professor Solange Lefebvre, Institut d’études religieuses, Université de Montréal
3:00 – 3:15 pm Closing Remarks (Co-Chairs)