This is a sequel to my last column about how judges arrive at the truth. I had shared judicial commentary from a case decided by our Court of Appeal in 1952 and promised to share additional wisdom from much more recent authorities.

It香蕉视频直播檚 not so easy to arrive at the truth in the face of 香蕉视频直播渜uick-witted, experienced and confident witnesses, and of those shrewd persons adept in the half-lie and of long and successful experience in combining skillful exaggeration with partial suppression of the truth香蕉视频直播� (quoting from the 1952 case).

And even more difficult when a witness is honestly mistaken about something he or she sincerely believes to be true.

Noting a lack of divine insight into the hearts and minds of witnesses, the half-century old solution was to assess the testimony香蕉视频直播檚 fit with what香蕉视频直播檚 most likely to be true given the circumstances.

In her decision released February 19, 2019, ( 香蕉视频直播� , Madam Justice Fleming goes further to list other factors.

Her list starts with: 香蕉视频直播淭he capacity and opportunity of the witness to observe the events at issue香蕉视频直播�.

Next: 香蕉视频直播淗is or her ability to remember those events香蕉视频直播�.

A third: 香蕉视频直播淭he ability of the witness to resist being influenced by his or her interest in recalling those events香蕉视频直播�.

Fourth: 香蕉视频直播淲hether the witness香蕉视频直播檚 evidence harmonizes with or is contradicted by other evidence, particularly independent or undisputed evidence香蕉视频直播�.

Fifth: 香蕉视频直播淲hether his or her evidence seems unreasonable, improbable or unlikely, bearing in mind the probabilities affecting the case香蕉视频直播�.

And finally: 香蕉视频直播淭he witness香蕉视频直播檚 demeanour, meaning the way he or she presents while testifying香蕉视频直播�.

Madam Justice Fleming specifically noted the danger of relying wholly on that final factor: 香蕉视频直播淩egarding the last factor, Chorny and other authorities have discussed the dangers of relying wholly upon demeanour to determine credibility, recognizing the risk of preferring the testimony of the better actor, and conversely, misinterpreting an honest witness香蕉视频直播檚 poor presentation as deceptive.香蕉视频直播�

In another recent decision, 香蕉视频直播�, this one decided by Madam Justice Devlin, a couple additional factors were noted.

One: 香蕉视频直播淲hether the witness changes their testimony in direct and cross-examination香蕉视频直播�. And another: 香蕉视频直播淲hether a witness has a motive to lie香蕉视频直播�.

You might reasonably be coming to the conclusion that judges are cynical! To the contrary, Madam Justice Devlin noted an important starting point: 香蕉视频直播淭he starting point in a credibility assessment is to presume truthfulness, but this presumption may be displaced香蕉视频直播�.

Judges have a lot to consider when arriving at the truth!

Might we learn from them? I suggest that the conscious consideration of each of these factors would help each of us evaluate the truth of messages we are presented with in our day to day lives.

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