Is Silence Golden? The Role of Silence in the Admissibility of Adoptive Admissions
Hearsay, Admissions, Evidence, Canada, Silence
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.
Robert Currie, "Is Silence Golden? The Role of Silence in the Admissibility of Adoptive Admissions" (2023) 85 CR (7th) 396.