Necessity and reliability and the benefits of cross-examination

R. v. Alshammiry, 2010 ONCA 550, released today, makes clear that one factor is considering the admission of otherwise inadmissible hearsay is the potential benefit of cross-examination:

[10]         In determining whether the hearsay statement in issue exhibits sufficient indicia of reliability so as to afford the trier of fact a satisfactory basis for evaluating the truth of the statement, one of the factors the trial judge must take into consideration is the potential benefits of cross-examination.

[11]         Here, the trial judge's error in discounting the value of cross-examination deprived the appellant of the full consideration of threshold reliability that is mandated by the jurisprudence.