CHAPTER 3

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EVIDENCE

3.4 Types of Evidence

3.4.4 Admissions

An admission is an oral or written acknowledgement of a fact that produces adverse legal consequences for the person that made it. It may be judicial or extrajudicial. An admission is judicial if it was made by testimony or in pleadings filed with the court in the proceedings in which it is invoked.^{481 Citation 481} An admission is extrajudicial if it is made outside the proceedings, usually in statements made to an investigator or public servant, or letters sent to the Commission or an employer.^{482 Citation 482}

Only material facts and juridical (i.e., legally operative) acts can be admitted; the law cannot be admitted.^{483 Citation 483} This implies a distinction between fact and law.^{484 Citation 484} A distinction must also be drawn between admissions, and mere opinions or impressions.

The admission of a fact or conduct must be taken into consideration by the board. Ignoring an admission is a serious error that may lead to the Umpire's intervention.^{485 Citation 485}

An admission must pertain to facts that give rise to legal consequences against the person who made it.^{486 Citation 486} Offers, attempts or measures to settle a dispute are therefore not considered admissions. Statements made with a view to settling litigation are considered privileged because they cannot be used against the party who made them or be considered a recognition of the weakness of his or her case.^{487 Citation 487}

Admissions are either express or implied. An admission must be clear and unambiguous, and a person cannot generally be presumed to have made one. It has been held that in exceptional cases, a person may be deemed to have made an admission by conduct. Silence, however, cannot constitute an admission: "an admission may not be inferred from mere silence . . . except in the cases provided by law" (art. 2851 C.C.Q.) art. 2851 C.C.Q.. At times, failure to act for a certain period or under certain circumstances may constitute an implied admission. However, the admission is not the result of silence alone; certain circumstances are also required. Even then, the rule about silence cannot be rigidly applied in administrative matters in dealings between the bureaucracy and the public. To enforce laws and regulations, officials need information that can often be provided by members of the public. A refusal or omission to answer questions or complete forms can be logically interpreted as a tacit admission of a fact.

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