Section 4 - Preliminary facts in issue

(1) Where a preliminary fact is a fact in issue in the action,

(a) the Court or jury, as the tribunal of fact shall not be bound by the Court’s determination of the existence or non-existence of the preliminary fact, and

(b) a determination by the tribunal of fact that differs from the Court’s determination of the existence or non-existence of the preliminary fact shall not affect a ruling admitting or excluding evidence or require the tribunal of fact to disregard an admitted evidence.

(2) Subsection (1) shall not be construed as precluding the introduction of evidence relevant to the weight or credibility of admitted evidence or to preclude the tribunal of fact from considering that evidence.