ACFI Mock Trial – “The Evidence”

Another in the ACFI series of educational and training tools to aid forensic investigators

A demonstration on evidentiary issues and principles in a commercial trial setting including fundamental principles of admissibility, hearsay exceptions, probative value, and the true meaning of the protections afforded by the federal and provincial Evidence Acts and the Charter.

This programme was designed to demonstrate the application of the basic principles of the law of evidence in Canada in the context of a civil fraud trial directed in the course of a bankruptcy administration.

During this civil trial you will witness the examination in chief and the cross examination of the plaintiff in making his case, as well as the examination in chief and the cross examination of the defendant in putting in its defence to the case.

The participants, seasoned practitioners in their respective fields, allow time at the end of this lively and sometimes convivial trial for a panel discussion which elaborates further on Canada’s law of evidence.

Run time approx 2:00

This video is both a primer and an advanced guide to the rules of evidence at trial.  The background fact scenario is a bankruptcy proceeding, so elements of both civil and criminal law standards are reviewed as bankruptcy proceedings have ther characteristics of each. 

The video starts with a helpful introduction that lasts about 5 minutes, a lengthy examination in chief of the Plaintiff,  a brief cross-examination of the Plaintiff, and a relatively brief examination in chief and cross-examination of the defendant.   In the course of the examinations various evidentiary issues arise, and are dealt with by a sitting Judge of the Superior Court.  All told, half of the 2 hour video is mock trial, and the second half is a panel discussion highlighting the evidentiary issues raised by the mock trial.   Particularly instructive are Justice Murray’s comments on the various issues that arose during the course of the mock trial.  While the video was produced in 2005, it is just as relevant today as when it was made.  

David Debenham, LLB, LLM, MBA, CFI, CFE, CMA, ACIS, DIFA, MFAcc – 2019