Dr. Bryan Schwartz and I prepared this paper originally in 2011, where a slightly longer paper was presented to Manitoba's Crown Defence Conference. This modified version was published in 2012 in the Manitoba Law Journal (36 Man. L.J. 221). While the law is constantly evolving and recent developments should be taken into account, this piece provides a broad survey of how various evidence was being used and some of the issues courts in Canada and the U.S considered.