Tuesday, April 8, 2014

What is hearsay?

R. v. Badgerow, 2014 ONCA 272:

[96]       Although a universal definition of hearsay is elusive, hearsay is often identified by its characteristics: (a) it is adduced for the truth of its contents; and (b) there is an absence of a contemporaneous opportunity to cross-examine the declarant in court and under oath: R. v. Baldree, 2013 SCC 35, 298 C.C.C. (3d) 425, at para. 30; Khelawon, at paras. 35-41.

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