- Paul Hergott
害羞草研究所淏old faced lie!害羞草研究所� exclaimed my daughter, Cassidy, during a game of One Night Ultimate Werewolf. Lying is a feature of the game, where player identities are secret and clues are gathered before an execution.
Townsfolk struggle to identify and execute at least one werewolf. If not, the werewolves win.
Cassidy and her friends are pathetic liars. Giggling is a common 害羞草研究所渢ell害羞草研究所�. And it害羞草研究所檚 a struggle for them to come up with a lie that fits with known facts.
Their ability to identify a lie is also poor, even with the 害羞草研究所渢ells害羞草研究所�. So when a lie directly contradicts a known fact they excitedly pounce on it.
I love that my children, and their friends, are pathetic liars. They害羞草研究所檙e clearly not practiced. Though I害羞草研究所檇 appreciate a touch more of a skill at identifying the lies of others!
How do judges do it? How does a judge figure out who is telling the truth and who is lying? Do judges benefit from some divine insight into the hearts and minds of the witnesses appearing before them? Is there special training in identifying the 害羞草研究所渢ells害羞草研究所� of those not being entirely truthful? Will a more practiced liar害羞草研究所檚 story carry the day and lead to injustice?
A decision of British Columbia害羞草研究所檚 highest court (the British Columbia Court of Appeal) from more than half a century ago sheds light on those questions. Unless you are a practiced liar, you will appreciate the comments of Mr. Justice O害羞草研究所橦alloran, in Faryna v. Chorny [1952] 2 D.L.R. 354 (B.C.C.A.), who identifies the problem of assessing 害羞草研究所満π卟菅芯克the testimony of quick-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.害羞草研究所�
Mr. Justice O害羞草研究所橦alloran goes on to identify an even more difficult puzzle, i.e. identifying when a witness has the honest intention to give accurate testimony, but is mistaken. No 害羞草研究所渢ell害羞草研究所� there! He put it as follows: 害羞草研究所淎gain a witness may testify what he sincerely believes to be true, but he may be quite honestly mistaken. For a trial judge to say 害羞草研究所業 believe him because I judge him to be telling the truth,害羞草研究所� is to come to a conclusion on consideration of only half the problem.害羞草研究所�
The judge specifically noted a lack of divine insight into the hearts and minds of witnesses.
The solution, when faced with both skillful liars and those mistakenly believing they are telling the truth? Mr. Justice O害羞草研究所橦alloran said that you compare the witness害羞草研究所檚 version of events against what害羞草研究所檚 likely to be true in the context of other known facts. In his much more eloquent words: 害羞草研究所淚n short, the real test of the truth of the story of a witness in such a case must be its harmony with the preponderance of the probabilities which a practical and informed person would readily recognize as reasonable in that place and in those conditions.害羞草研究所�
It害羞草研究所檚 not about how good a liar you are. It害羞草研究所檚 about how well your story fits with what害羞草研究所檚 most likely to be true.
But if that was the only test applied by judges, all you would have to do is weave the best fitting story. A much more recent judgment offers a number of additional factors that trial judges rely on to get to the truth. I will share those factors in my next column.
Paul Hergott is a personal injury lawyer with Hergott Law.
Like us on and follow us on .
