Evidence on a voir dire forms no part of trial proper

Sadikov [2014] OJ No. 376:

 

30     A voir dire is held to determine the admissibility of evidence proposed for admission by a party to a criminal proceeding: R. v. Parsons (1977), 17 O.R. (2d) 465 (C.A.), at p. 469, aff'd [1980] 1 S.C.R. 785. On the voir dire, it is for the trial judge to determine whether the conditions precedent to the admissibility of the proposed evidence have been met. The voir dire is a separate proceeding from the trial proper and the evidence taken on a voir dire forms no part of the evidence at trial unless the parties expressly agree to its incorporation: R. v. Erven, [1979] 1 S.C.R. 926, at p. 932; R. v. Darrach, 2000 SCC 46, [2000] 2 S.C.R. 443, at para. 66; R. v. Dela Cruz, 2007 MBCA 55, 220 C.C.C. (3d) 272, at para. 24; and R. v. Gauthier, [1977] 1 S.C.R. 441, at p. 454.

 

100     A voir dire, even a voir dire in a judge-alone trial, is a separate proceeding from the trial itself: Gauthier, at pp. 451-452. Evidence taken on a voir dire forms no part of the evidence at trial unless the parties expressly agree to its incorporation: Erven, at p. 932; Darrach, at para. 66; Dela Cruz, at para. 24; and Gauthier, at p. 454