Taking Notice of Equality: Judicial Notice and Expert Evidence in Trials Involving Equality Seeking Groups

Abstract

This article deals with various ways that the law of evidence in Canada and in other common law jurisdictions can be changed so as to facilitate access to justice for equality-seeking groups. In particular, the author deals with the doctrine of judicial notice and the admission of social science evidence (esp. as this relates to Aboriginal peoples). The author suggests that the scope of judicial notice should be expanded, and that the onus and burden of proof should distributed among the parties having regard for the equality implications for impecunious equality-seeking groups. The author also discusses the way in which the burden on these groups of introducing social science evidence can be relieved, and suggests alternatives for evaluating this evidence with an eye to equality.

Keywords: law of evidence, judicial notice, social science evidence, equality, indigenous peoples

JEL Classification: K14, K41