What is the legal test for necessity in a sexual assault case?
Manitoba, Canada
The following excerpt is from R v Colomb, 2012 MBPC 49 (CanLII):
[10] Justice Chartier, again from R v. Woodard, as to necessity, says at paragraph 46(5): “The criteria of necessity is founded on society’s interest in getting at the truth and is intended to ensure that the evidence presented to the court be in the best available form, usually by calling the maker of the statement as a witness. If that is not possible, it may be that if the evidence is to be adduced at all, it can only be presented in it’s hearsay form (see Khelawon at paragraph 49, and Couture at paragraph 79)”.
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