Is hearsay evidence admissible in a report?

British Columbia, Canada


The following excerpt is from Fisher v British Columbia (Superintendent of Motor Vehicles), 2018 BCSC 1202 (CanLII):

The petitioner concedes that it is settled law that hearsay evidence is admissible in administrative hearings and there is no prohibition against including hearsay in a report. As noted in Nguyen v. British Columbia (Superintendent of Motor Vehicles), 2016 BCSC 1844 at para. 23: The adjudicator is entitled to rely on the contents of the officer’s report to superintendent (a report which frequently contains hearsay evidence and the comments or observations of others, including those of other peace officers at the scene) as well as any other “document or other relevant information” including information provided by the applicant on a review of the prohibition. In my view it would be inconsistent with the objective and intention underlying the act which is to remove impaired drivers from our highways if each officer was required to support his or her Report to Superintendent with witness statements verifying the facts contained in the Report. …

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