What is the current state of the law on hearsay in voir dire?

Hearsay is not the issue on this voir dire. Both of the parties have departed this life and cannot speak for themselves. Counsel have taken a realistic and flexible approach to the evidence in these somewhat unusual circumstances, recognizing that the principled approach to hearsay evidence should not be compartmentalized, but rather should be considered as a continuum between necessity and reliability. In particular, “there may be instances where the necessity is so great – such as where the declarant is dead – that some elasticity on the issue of reliability may be given”: Roussin v. Bouzenad, 2005 BCSC 1719, at paragraph 14.

There is, as well, an exception to the hearsay rule which permits evidence of oral or written statements made by deceased persons to be given where the statements were knowingly made against the deceased person's pecuniary or proprietary interests at the time they were made. Yet another exception permits evidence to be given of statements made by deceased persons as to their present state of mind, including intention, which statements need not be against interest, provided that the deceased person's state of mind is relevant to an issue in the case: Pasko v. Pasko, 2002 BCSC 435, at paragraphs 9 and 10.