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Topic: Miscellaneous
Number of pages / Number of words: 8 / 2063
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During R. v. Salituro, the Supreme Court altered the common law rule with regards to spouses who were irreconcilably separated. During trial a woman gave testimony against her husband with regard to fraud that was committed against her. The man was convicted and appealed; the basis for this appeal was that his wife like any spouse was incompetent of giving evidence...


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Supreme Court Justice J. Iacobucci concluded that: "any policy justification based on marital harmony necessarily disappears upon divorce or the irreconcilable separation of spouses. A continuation of incompetence would be contrary to charter values since it denied choice to the woman in favour of a historical rule that was promulgated at a time when a women's legal personality was incorporated into that of her husband's...


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