What is the argument that s. 36(1) of the Charter provides a barrier to the admission of hearsay?
Ontario, Canada
The following excerpt is from R. v. Boyce, 2019 ONCA 828 (CanLII):
In support of this position, the appellant argues that s. 36(1) is ambiguous and can be read either as the trial judge did or in the manner he proposes. He argues that his interpretation is to be preferred because it would better realize constitutional principles related to ss. 7 and 11(b) of the Charter: Bell ExpressVu Limited Partnership v. Rex, 2002 SCC 42, [2002] 2 S.C.R. 559. That is, removing the barrier to the admission of hearsay, as proposed by the interpretation of the trial judge, would jeopardize the fair trial rights of an accused.
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