Statements Against Interest Exception

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General Principles

See also: 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".[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]

  1. ↑ R v Violette, 2008 BCSC 422 (CanLII), , [2008] BCJ No 2781, per Romilly J, at paras 63 to 65 - in context of Wiretaps
  2. ↑ R v Terry, 1996 CanLII 199 (CanLII), 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.”)
  3. ↑ R v Ciancio, 2007 BCSC 777 (CanLII), per Singh J, at para 24 citing Sopinka on Evidence
  4. ↑ e.g. R v Evans, 1993 CanLII 86 (CanLII), per Sopinka J, at para 24
    Ciancio, supra, at paras 15 to 36
  5. ↑ R v Foreman, 2002 CanLII 6305 (ON CA), , 169 CCC (3d) 489, per Doherty JA, at p. 502
  6. ↑ R v RRW (No. 2), 2010 NLTD 137 (CanLII), per Goodridge J
  7. ↑ R v Abu-Sharife, 2006 BCSC 902 (CanLII), per Shabbits J, at para 29
  8. ↑ R v Yu, 2000 BCCA 626 (CanLII), per Mackenzie JA
  9. ↑ R v Rhyno, 2011 NSCA 120 (CanLII), per curiam, at para 5
  10. ↑ Rhyno, ibid., at para 7
    Ward, supra, at paras 32-38
  11. ↑ 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
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