Note
Issued also in French under title: Soyons clairs sur ce qui est «clair et convaincant» : un exposé concernant la norme de preuve dans les cas de discipline policière.
"Presented at the CACOLE Annual Conference, Halifax, N.S., October 12, 2007."
Summary
"The paper takes the position that, properly interpreted, Canadian jurisprudence recognizes the "clear and convincing evidence" requirement as an approach to the evidence, rather than as a distinct and elevated civil standard of proof. The paper goes on to defend the traditional civil standard of proof as the appropriate standard in police discipline matters. Ultimately, the paper even questions whether "clear and convincing evidence" is a necessary or useful caveat in describing the applicable threshold of persuasion in civil and administrative matters, such as the discipline of police and other professionals"--Page 1.
Conference Meeting
CACOLE Conference (2007 : Halifax, NS). Civilian Oversight:Challenges, Experiences, and Solutions.