the author deals with the doctrine of judicial notice and the admission of social science evidence (esp. as this relates to Aboriginal peoples).
Steev
Abstract:
This article deals with various ways that the law of evidence in
Canada and in other common law jurisdictions can be changed so as to
facilitate access to justice for equality-seeking groups. In
particular, the author deals with the doctrine of judicial notice and
the admission of social science evidence (esp. as this relates to
Aboriginal peoples). The author suggests that the scope of judicial
notice should be expanded, and that the onus and burden of proof
should distributed among the parties having regard for the equality
implications for impecunious equality-seeking groups. The author also
discusses the way in which the burden on these groups of introducing
social science evidence can be relieved, and suggests alternatives for
evaluating this evidence with an eye to equality.
Keywords: law of evidence, judicial notice, social science evidence,
equality, indigenous peoples