Thayer’s principle says that nothing that is not rationally relevant to an issue at trial is admissible and, subject to many exceptions, everything that is rationally relevant to an issue at trial is admissible.
But what is the level of “rationally relevant”?
The level is a low one – the evidence must merely make an inference more likely. Today’s decision in R. v. Jacobson, 2009 ONCA 130 makes this last point plainly. The Court holds:
The test for probative value is low,… ; and it is sufficient that the desired inference is more probable with the evidence than it would be without the evidence.
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