What is the BC Court of Appeal's approach to evidence on appeal?

• A. Hears only constitutional issues.
• B. Rehear all evidence de novo.
• C. Do not rehear evidence but review the legal principles.
• D. Consider new evidence on appeal.

Answer: (C)

The main idea being tested is how an appellate court handles evidence on appeal. The BC Court of Appeal does not re-run the trial by re-hearing witnesses and re-assessing the evidence from scratch. Instead, it reviews the record to see whether the trial judge correctly applied the law and whether the findings of fact are supported by the evidence. For questions of law and the proper interpretation or application of legal principles, the appellate court checks for correctness. It generally defers to the trial judge on factual findings unless there’s a palpable and overriding error. Fresh evidence is not routinely admitted on appeal, so the usual approach is to work with the record already before the trial court and focus on legal principles and their correct application. This is why the answer is that the court does not rehear evidence but reviews the legal principles.