INDG 401 Lecture 25: LAWG-426-001 Feb 16
9 Jun 2018
School
Department
Course
Professor
Criminal Evidence
Feb 16 2018 - Section 9 of the Canada Evidence Act
REVIEW OF HEARSAY
Smith is important in terms of reliability:
• Principal to hearsay: Threshold reliability and necessary.
• Smith came to help out Khan. We have a child (Khan).
• The courts sa eah fie, it does’t hae to fit ito the eceptio.
• Hearsay: We are trying to produce the phone calls for the truth of their conduct.
• The court discusses at length, the tension of the common law and the principled approach to
hearsay.
• What is it relevant to. Is it relevant it is admissible unless there is an exclusionary rule.
• Only relevant to prove her intention and not what the accused did.
Khan and Smith and KGB:
• Three decisions come together. KGB (Only in circumstances where the person is available and you
still want to produce the last statement).
Sith: Cofired that Kha does’t just appl to childre. Not eer court sees it this a. Because
Khan was so reliable, it raised the necessity bar to be admissible. It
made it easier to raise those statements.
• The testing of the evidence is the problem. You cannot test the evidence.
Voir Dire:
• If you wanna avoid an appeal. Do this, this is law Voir dire is law.
How do we guarantee that the statement is reliable and trustworthy?
• The hearsay evidence may be set to be reliable, cannot be used on the suggestive
• The jury was going to be invited to infer form the third phone call.
SECTION 9: CANADA EVIDENCE ACT
9(1) and 9(2)
Adverse witnesses
9 (1) A
party producing a witness shall not be allowed to impeach his credit by general evidence of bad characte
r, but if the witness, in the opinion of the court, proves adverse, the
party may contradict him by other evidence, or, by leave of the court, may prove that the witness made
at other times a statement inconsistent with his present testimony, but before the last mentioned proof
can be given the circumstances of
the supposed statement, sufficient to designate the particular occasion, shall be mentioned to
the witness, and he shall be asked whether or not he did make the statement.
Marginal note:
Previous statements by witness not proved adverse
(2) Where the party producing a witness alleges that the witness made at other times
a statement in writing, reduced to writing, or recorded on audio tape or video tape
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Document Summary
Feb 16 2018 - section 9 of the canada evidence act. We have a child (khan). hearsay: what is it relevant to. Is it relevant it is admissible unless there is an exclusionary rule: only relevant to prove her intention and not what the accused did. Khan and smith and kgb: three decisions come together. Kgb (only in circumstances where the person is available and you still want to produce the last statement). Do this, this is law voir dire is law. S(cid:373)ith: co(cid:374)fir(cid:373)ed that kha(cid:374) does(cid:374)"t just appl(cid:455) to childre(cid:374). Khan was so reliable, it raised the necessity bar to be admissible. It made it easier to raise those statements: the testing of the evidence is the problem. Adverse witness: hostility but not just hostile, the case law is saying that the rule is coming out of the case law, adverse is denying having made a statement, having the police officer made the statement to me.
