Statements Against Interest Exception: Difference between revisions
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{{seealso|Traditional Exceptions to Hearsay}} | {{seealso|Traditional Exceptions to Hearsay}} | ||
The exception to hearsay includes admission that "in the broad sense refers to any statement made by a declarant and tendered as evidnece at trial by the opposing party".<ref> | The exception to hearsay includes admission that "in the broad sense refers to any statement made by a declarant and tendered as evidnece at trial by the opposing party".<ref> | ||
R v Violette, [http://canlii.ca/t/25xs9 2008 BCSC 422] (CanLII), [2008] BCJ No 2781 at paras 63 to 65 - in context of [[Wiretaps]]<br> | R v Violette, [http://canlii.ca/t/25xs9 2008 BCSC 422] (CanLII), [2008] BCJ No 2781{{perBCSC|Romilly J}} at paras 63 to 65 - in context of [[Wiretaps]]<br> | ||
</ref> | </ref> | ||
'''Statements by Accused'''<br> | '''Statements by Accused'''<br> | ||
A statement made by the accused is admissible as an exception to the hearsay rule where the probative value outweighs the prejudicial effect.<ref> | A statement made by the accused is admissible as an exception to the hearsay rule where the probative value outweighs the prejudicial effect.<ref> | ||
R v Terry, [http://canlii.ca/t/1fr9t 1996 CanLII 199] (SCC), [1996] 2 SCR 207 at para 28 | R v Terry, [http://canlii.ca/t/1fr9t 1996 CanLII 199] (SCC), [1996] 2 SCR 207{{perSCC| McLachlin J}} at para 28 (“an admission against interest made by the accused is admissible as a recognized exception to the hearsay rule, provided that its probative value outweighs its prejudicial effect.”)<br> | ||
</ref> | </ref> | ||
Where a statement fits into the category of admission against interest, it becomes preemptively admissible.<ref> | Where a statement fits into the category of admission against interest, it becomes preemptively admissible.<ref> | ||
R v Ciancio, [http://canlii.ca/t/1rp5c 2007 BCSC 777] (CanLII) at para 24 citing Sopinka on Evidence<br> | R v Ciancio, [http://canlii.ca/t/1rp5c 2007 BCSC 777] (CanLII){{perBCSC|Singh J}} at para 24 citing Sopinka on Evidence<br> | ||
</ref> | </ref> | ||
There is some debate on whether an admission by the accused is hearsay at all.<ref> | There is some debate on whether an admission by the accused is hearsay at all.<ref> | ||
e.g. R v Evans, [http://canlii.ca/t/1frzq 1993 CanLII 86] (SCC), [1993] 3 SCR 653 | e.g. R v Evans, [http://canlii.ca/t/1frzq 1993 CanLII 86] (SCC), [1993] 3 SCR 653{{perSCC|Sopinka J}} at para 24<br> | ||
R v Ciancio{{supra}} at paras 15 to 36<br> | R v Ciancio{{supra}} at paras 15 to 36<br> | ||
</ref> | </ref> | ||
These statements can be admitted without analysis of necessity and reliability.<ref> | These statements can be admitted without analysis of necessity and reliability.<ref> | ||
R v Foreman, [http://canlii.ca/t/1chv3 2002 CanLII 6305] (ON CA), (2002), 169 CCC (3d) 489 (Ont. C.A.) at p. 502<br> | R v Foreman, [http://canlii.ca/t/1chv3 2002 CanLII 6305] (ON CA), (2002), 169 CCC (3d) 489 (Ont. C.A.){{perONCA|Doherty JA}} at p. 502<br> | ||
</ref> | </ref> | ||
Statements by the accused addressed to his wife will be admissible against him.<ref> | Statements by the accused addressed to his wife will be admissible against him.<ref> | ||
R v R.R.W. (No. 2), [http://canlii.ca/t/2c840 2010 NLTD 137] (CanLII) | R v R.R.W. (No. 2), [http://canlii.ca/t/2c840 2010 NLTD 137] (CanLII){{perNLSC|Goodridge J}} | ||
</ref> | </ref> | ||
'''Statements by a Third Party'''<br> | '''Statements by a Third Party'''<br> | ||
A statement can only be binding against the party who made them. Thus, a out-of-court statement can only be admissible in a trial against the person who made them.<ref> | A statement can only be binding against the party who made them. Thus, a out-of-court statement can only be admissible in a trial against the person who made them.<ref> | ||
R v Abu-Sharife, [http://canlii.ca/t/1nm3g 2006 BCSC 902] (CanLII) at para 29<br> | R v Abu-Sharife, [http://canlii.ca/t/1nm3g 2006 BCSC 902] (CanLII){{perBCSC| Shabbits J}} at para 29<br> | ||
</ref> | </ref> | ||
A statement of a third party admitting to the murder cannot be used in the murder trial of another person. The defence would have to call that third party as a witness.<Ref> | A statement of a third party admitting to the murder cannot be used in the murder trial of another person. The defence would have to call that third party as a witness.<Ref> | ||
R v Yu, [http://canlii.ca/t/1fncf 2000 BCCA 626] (CanLII) | R v Yu, [http://canlii.ca/t/1fncf 2000 BCCA 626] (CanLII){{perBCCA| Mackenzie JA}} | ||
</ref> | </ref> | ||
'''Statements by Co-Accused'''<br> | '''Statements by Co-Accused'''<br> | ||
Out-of-Court statements made by the co-accused are hearsay and cannot be used as corroborative evidence at trial of the accused.<ref> | Out-of-Court statements made by the co-accused are hearsay and cannot be used as corroborative evidence at trial of the accused.<ref> | ||
R v Rhyno, [http://canlii.ca/t/g11kf 2011 NSCA 78] (CanLII) at para 5<br> | R v Rhyno, [http://canlii.ca/t/g11kf 2011 NSCA 78] (CanLII){{TheCourt}} at para 5<br> | ||
</ref> | </ref> | ||
Should the evidence be accepted as against the co-accused, limiting instructions are required to prevent its use against the accused.<ref> | Should the evidence be accepted as against the co-accused, limiting instructions are required to prevent its use against the accused.<ref> | ||
Rhyno{{ibid}} at para 7<br> | Rhyno{{ibid}} at para 7<br> | ||
Ward{{supra}} at paras 32-38<br> | |||
</ref> | </ref> | ||
'''Corporate Accused'''<Br> | '''Corporate Accused'''<Br> | ||
Statements made by an agent of an organization that is within his scope of authority to a third person is admissible against their interests where the statement is part of a communciation which the agent is authorized to have with the third party.<Ref> | Statements made by an agent of an organization that is within his scope of authority to a third person is admissible against their interests where the statement is part of a communciation which the agent is authorized to have with the third party.<Ref> | ||
R v Strand Electric Ltd, [1969] 1 OR 1990, [http://canlii.ca/t/g15sq 1968 CanLII 421] (ON CA), OJ 1291 (ONCA)<Br> | R v Strand Electric Ltd, [1969] 1 OR 1990, [http://canlii.ca/t/g15sq 1968 CanLII 421] (ON CA), OJ 1291 (ONCA){{perONCA|MacKay JA}}<Br> | ||
R v Petro Canada, [http://canlii.ca/t/23b6m 2009 ONCJ 179] (CanLII)<Br> | R v Petro Canada, [http://canlii.ca/t/23b6m 2009 ONCJ 179] (CanLII){{perONCJ|Manno J}}<Br> | ||
R v Dana Canada Corp., [http://canlii.ca/t/21tdc 2008 ONCJ 644] (CanLII), [2008] OJ 4487 (ONCJ)<Br> | R v Dana Canada Corp., [http://canlii.ca/t/21tdc 2008 ONCJ 644] (CanLII), [2008] OJ 4487 (ONCJ){{perONCJ|D Harris J}}<Br> | ||
R v Syncrude, [http://canlii.ca/t/29c6j 2010 ABPC 123] (CanLII)<Br> | R v Syncrude, [http://canlii.ca/t/29c6j 2010 ABPC 123] (CanLII){{perABPC| Tjosvold J}}<Br> | ||
</ref> | </ref> | ||
{{reflist|2}} | {{reflist|2}} | ||
Revision as of 21:46, 18 November 2018
General Principles
The exception to hearsay includes admission that "in the broad sense refers to any statement made by a declarant and tendered as evidnece at trial by the opposing party".[1]
Statements by Accused
A statement made by the accused is admissible as an exception to the hearsay rule where the probative value outweighs the prejudicial effect.[2]
Where a statement fits into the category of admission against interest, it becomes preemptively admissible.[3]
There is some debate on whether an admission by the accused is hearsay at all.[4]
These statements can be admitted without analysis of necessity and reliability.[5]
Statements by the accused addressed to his wife will be admissible against him.[6]
Statements by a Third Party
A statement can only be binding against the party who made them. Thus, a out-of-court statement can only be admissible in a trial against the person who made them.[7]
A statement of a third party admitting to the murder cannot be used in the murder trial of another person. The defence would have to call that third party as a witness.[8]
Statements by Co-Accused
Out-of-Court statements made by the co-accused are hearsay and cannot be used as corroborative evidence at trial of the accused.[9]
Should the evidence be accepted as against the co-accused, limiting instructions are required to prevent its use against the accused.[10]
Corporate Accused
Statements made by an agent of an organization that is within his scope of authority to a third person is admissible against their interests where the statement is part of a communciation which the agent is authorized to have with the third party.[11]
- ↑
R v Violette, 2008 BCSC 422 (CanLII), [2008] BCJ No 2781, per Romilly J at paras 63 to 65 - in context of Wiretaps
- ↑
R v Terry, 1996 CanLII 199 (SCC), [1996] 2 SCR 207, per McLachlin J at para 28 (“an admission against interest made by the accused is admissible as a recognized exception to the hearsay rule, provided that its probative value outweighs its prejudicial effect.”)
- ↑
R v Ciancio, 2007 BCSC 777 (CanLII), per Singh J at para 24 citing Sopinka on Evidence
- ↑
e.g. R v Evans, 1993 CanLII 86 (SCC), [1993] 3 SCR 653, per Sopinka J at para 24
R v Ciancio, supra at paras 15 to 36
- ↑
R v Foreman, 2002 CanLII 6305 (ON CA), (2002), 169 CCC (3d) 489 (Ont. C.A.), per Doherty JA at p. 502
- ↑ R v R.R.W. (No. 2), 2010 NLTD 137 (CanLII), per Goodridge J
- ↑
R v Abu-Sharife, 2006 BCSC 902 (CanLII), per Shabbits J at para 29
- ↑ R v Yu, 2000 BCCA 626 (CanLII), per Mackenzie JA
- ↑
R v Rhyno, 2011 NSCA 78 (CanLII), per curiam at para 5
- ↑
Rhyno, ibid. at para 7
Ward, supra at paras 32-38
- ↑
R v Strand Electric Ltd, [1969] 1 OR 1990, 1968 CanLII 421 (ON CA), OJ 1291 (ONCA), per MacKay JA
R v Petro Canada, 2009 ONCJ 179 (CanLII), per Manno J
R v Dana Canada Corp., 2008 ONCJ 644 (CanLII), [2008] OJ 4487 (ONCJ), per D Harris J
R v Syncrude, 2010 ABPC 123 (CanLII), per Tjosvold J