Canadian Law of Evidence/Hearsay
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Hearsay evidence is any statement, either written or oral, which was made out of court, but is presented in court to prove the truth of that statement. Courts generally do not allow such evidence as it is generally said to be untrustworthy for several reasons. First, it is often far removed from the original source. As well, it is very difficult to verify the truthfulness of the statement.
[edit] Exceptions
Exceptions are made under certain circumstances.
- When the statement is made against the declarator's interest.
- Any statement made by a party to a case can be used against that party.
- When it is made in the course of the declarator's duty.
- When the statement is part of a public or governmental document
- Dying declaration
- Statements made when the declarator was in a state of shock or surprise
- Statements describing the declarator's phyisical or psychological condition
- Sworn testimony from a previous hearing
- Past recollection recorded
[edit] Principled Approach
If a statement is NECESSARY to a hearing, and it is RELIABLE, it should be admitted even if it is hearsay.
