DO WE NEED A CODE OF EVIDENCE?

Abstract

It has been argued that the current state of evidence in Canada is in need of reform and that a desirable means of such reform would be the implementation of a code of evidence. In this article the author refutes such arguments. Through an examination of recent Canadian decisions and a discussion of issues surrounding confessions, the functions of judge and jury, as well as issues surrounding corroboration, the author concludes that although a code of evidence may in some ways be useful, in many instances it may be of no use and may actually pose problems.