CHAPTER 3
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EVIDENCE
3.3 Admissibility of Evidence
Admissibility, relevance and weight are distinct issues. Inadmissible evidence is evidence that cannot be considered, but writers tend to confuse the admissibility of evidence and its relevance. Evidence is relevant if it is directly or indirectly related to a fact to be determined, and is capable of advancing the inquiry and making the existence or non-existence of a fact more probable. The weight or probative value of that evidence is a matter for the tribunal to decide. In administrative justice, questions of admissibility are not often raised; the main concern is the probative value of the evidence, provided that it is relevant.
Nevertheless, issues related to judicial notice, evidence obtained under conditions that bring the administration of justice into disrepute, executive privilege in the public interest, professional privilege, self-incriminating testimony and hearsay will each be considered from the point of view of admissibility. A discussion of relevance and weight will follow.
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