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Canadian Animal Law

Evidence - Recognition Evidence

. R. v. Aragon

In R. v. Aragon (Ont CA, 2022) the Court of Appeal considers 'recognition' evidence:
[19] “Recognition evidence” is offered when a witness provides an opinion as to the identity of an individual depicted in a video or photograph. It is a form of non-expert opinion evidence. Its admission is tested by examining the threshold reliability of the recognition, based primarily on the familiarity of the recognition witness with the subject. There is also inquiry into the need to have a witness offer their opinion that the subject is the person they claim: R. v. Hudson, 2020 ONCA 507, 391 C.C.C. (3d) 208, at paras. 28-31. Recognition evidence is therefore generally admitted, “provided that the witness has a prior acquaintance with the accused and is thus in a better position than the trier of fact to identify the perpetrator”: R. v. Berhe, 2012 ONCA 716, 292 C.C.C. (3d) 456, at para. 14, citing R. v. Brown (2006), 2006 CanLII 42683 (ON CA), 215 C.C.C. (3d) 330 (Ont. C.A.), at para. 39.


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