Thursday, February 12, 2015

Confirmation of testimony rather than corroboration of same

Language matters a great deal in law.  Words are sometimes seen as having almost magical powers -- and one word, corroboration, has a troubled history.

But that does not mean that it is a bad idea to look for facts that confirm the evidence of a witness -- but in so doing a judge should avoid using the word corroboration

R. v. Mackenzie, 2015 ONCA 93:

Apart from his use of the term “corroboration”, which is best relegated to the dustbin of legal history, we agree with his conclusion that confirmation was desirable.


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