Definitions
A statement, originally made out of court, that is repeated in court for the truth of its contents when the maker of the statement is not available for cross examination in a proceeding
What is hearsay?
This case involved balancing the rights of an accused to a fair trial and the rights of a victim with unique needs.
What is R. v. Ngoddy?
When a declarant makes a declaration against their own financial interests
What is declarations against pecuniary or proprietary interests?
The Supreme Court of Canada developed the principled exception based on the writings of this scholar
Who is John Henry Wigmore?
Hearsay is not admissible into evidence because of concerns about its ___________.
What is reliability?
The fundamental rule regarding hearsay
What is the rule that states that hearsay is not admissible evidence unless it meets a specific exception that permits it to be admitted?
A case involving terrorism related charges that is considered the leading case on the admission of out-of-court statements to show state of mind?
What is Subramaniam v. The Director of Public Prosecutions
The hearsay exception used in litigation surrounding land title claims
What is oral history of Indigenous peoples?
The Supreme Court of Canada developed the principled exception in this famous case
What is R. v. Khan?
An admission made by an authorized speaker for a party
What is a vicarious admission?
An action, behavior or course of conduct that conveys information to others
What is an implied statement?
In this case, involving an arson charge, the SCC said that declaration against penal interest exception applies only where the statement against penal interest is being used for exculpatory purposes
What is R. v. Lucier?
A hearsay exception that exists in both statute and common law
What is the business records exception?/What is prior testimony?
The two common themes that John Henry Wigmore saw underpinning the traditional exceptions
What are necessity and reliability?
The term for after-the-fact conduct in a civil case
What is subsequent repairs?
The word for a common design in the criminal law context
What is a conspiracy?
This case was discussed in class to illustrate the importance of the prior testimony exception to the hearsay rule
What is R. v. Ellard?
A statement made while the speaker's mind is still dominated by a startling event
What is an excited utterance?
This SCC case, involving the murder of two individuals in BC, makes it more difficult to admit hearsay evidence under the principled exception in criminal cases.
What is R. v. Bradshaw?
The primary source of the law regarding hearsay
What is the common law?
In R. v. Starr, the court indicated that reliability should be questioned for statements of intention or planning under the statement regarding present mental condition exception when there are __________ ___ __________ _________.
What is circumstances of suspicion present?
A recent Manitoba Court of Appeal case that includes a discussion of a unique scenario involving the co-conspirators exception to the hearsay rule
What is R. v. Devloo?
The most common traditional exception to the hearsay rule relied upon
What is admissions of a party?
The two methods to establish the threshold reliability of a hearsay statement
What are procedural reliability and substantive reliability?
The three safeguards that have been established to ensure the reliability of evidence from witnesses
What are testifying under oath, the ability to observe the person making the statement, and cross examination?