When is a statement in hearsay considered by the trier of fact?
Ontario, Canada
The following excerpt is from Her Majesty the Queen v. King, 2012 ONSC 5073 (CanLII):
When there is no real concern about a statement’s truth or accuracy because of the circumstances in which it came about, there is no good reason why it should not be considered by the trier of fact, regardless of its hearsay form. R v. Couture, supra, at para.98
The trial judge may take into account the presence or absence of corroborating evidence existing independently of the statement itself. R v. Khelawon, supra, at paras. 94-100
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