THE RULES USED IN COURTS GOVERNING THE ADMISSIBILITY OF EVIDENCE HAVE GROWN OUT OF THE COMMON LAW SYSTEM OF EVIDENCE, AND ARE COMPLEX DUE TO THE NATURE OF JURY TRIALS AND THE DOCTRINE OF PRECEDENTS. RULES OF EVIDENCE ARE NECESSARY TO MAINTAIN CONSISTENCY IN COVER PROCEDURE, BUT IT WAS FELT THAT THE TIME HAD COME TO REFORMULATE THEM ON BROADER LINES, AND MAKE THEM EASILY AVAILABLE, CLEAR, AND FLEXIBLE, IN SHORT, MODERN RULES FOR MODERN TIMES. THE LAW REFORM COMMISSION OF CANADA DURING ITS FOUR AND A HALF YEARS OF WORK RELIED ON PREVIOUS WORK DONE IN THE UNITED STATES, AND MODIFIED THIS EFFORT WHERE NECESSARY TO CONFORM WITH CANADIAN LAW. SOME OF THE COMMON LAW RULES WERE UNNECESSARY, BUT MANY HAVE BEEN RETAINED. CERTAIN PRIVILEGES ARE ALLOWED IN THE CODE, AS, FOR EXAMPLE, AGAINST SELF-INCRIMINATION, AND FOR STATE SECRETS. THE JUDGE IS ALSO ALLOWED DISCRETION IN ADMITTING EVIDENCE, BUT THE CONSIDERATIONS TO BE WEIGHTED ARE INDICATED. THE RULES ARE DIVIDED INTO FIVE SECTIONS. THE FIRST SECTION SETS FORTH THE PURPOSE OF THE CODE, WHICH IS THAT THE TRUTH BE ASCERTAINED JUSTLY WITHOUT UNJUSTIFIABLE EXPENSE AND DELAY, WHILE PROTECTING IMPORTANT SOCIAL INTERESTS. TO THAT END, THE BASIC RULES OF COMMON LAW ARE SUBJECTED TO RATIONAL SIMPLIFICATION. IN SECTION 2 THESE BASIC RULES ARE LIBERALLY INTERPRETED. SECTION 3 STRESSES THAT MATTERS OF EVIDENCE NOT PROVIDED FOR IN THE RULES SHALL BE INTERPRETED IN THE LIGHT OF REASON AND EXPERIENCE. THIS SECTION MAKES THE RULES INTO A CODE TO REPLACE THE COMMON LAW. BOTH SECTIONS 4 AND 5 DO AWAY WITH THE SENSELESS, TIME-CONSUMING, AND EXPENSIVE SEARCH FOR PRECEDENTS. THE CARDINAL PRINCIPLES REGARDING THE ADMISSIBILITY OF EVIDENCE ARE LAID OUT. THE FIRST PRINCIPLE PROVIDES THAT ALL RELEVANT EVIDENCE IS ADMISSIBLE, UNLESS SPECIFICALLY EXCLUDED BY SOME OTHER RULE OR STATUTE. THE SECOND PRINCIPLE GIVES THE JUDGE THE DISCRETION TO EXCLUDE EVIDENCE WHERE ITS PROBATIVE VALUE IS SUBSTANTIALLY OUTWEIGHED BY THE PROBABILITY THAT ITS ADMISSION WILL BE UNDULY TIME-CONSUMING OR PREJUDICIAL, CONFUSE THE ISSUES, OR MISLEAD THE JURY. A LAST SECTION OFFERS EXPLANATORY COMMENTS ON THE VARIOUS RULES, AND IS USEFUL TO LAYPERSONS AS WELL AS LAWYERS. -- IN ENGLISH AND FRENCH. (DJM)