Is Silence Golden? The Role of Silence in the Admissibility of Adoptive Admissions

(2023) 85 Criminal Reports (7th) 396

8 Pages Posted: 28 Jul 2023 Last revised: 13 Aug 2023

See all articles by Robert J. Currie

Robert J. Currie

Dalhousie University - Schulich School of Law

Date Written: February 14, 2023

Abstract

This short note reviews the two conflicting lines of appellate authority in Canada around a particular question of hearsay law: whether an accused who is silent in the face of an accusation can be said to have "adopted" the accusation, so as to be held to have "admitted" the statement.

Keywords: hearsay, admissions, evidence, Canada

Suggested Citation

Currie, Robert J., Is Silence Golden? The Role of Silence in the Admissibility of Adoptive Admissions (February 14, 2023). (2023) 85 Criminal Reports (7th) 396, Available at SSRN: https://ssrn.com/abstract=4358949

Robert J. Currie (Contact Author)

Dalhousie University - Schulich School of Law ( email )

6061 University Avenue
6061 University Ave
Halifax, Nova Scotia B3H 4H9
Canada

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