J(TR): Time to Remove Religion From the Oath

Abstract

R v J(TR) once again raises the question of whether any inferences can be drawn from how a witness satisfies the moral competency requirement to testify and whether it is time to remove religion from the oath. This short comment critically assesses the cases where negative inferences have been drawn and recommends that the religious oath should be abolished.

Keywords: Canada, Evidence, Oath Requirement, Adverse Inferences, Criminal Law