When is hearsay evidence admitted under Rule 51(9) of the Canadian Human Rights Code?
British Columbia, Canada
The following excerpt is from Chamberlain v. School District #36 (Surrey), 1998 CanLII 6723 (BC SC):
While such evidence is often referred to as including hearsay evidence, it is usually admitted to establish the basis for the governmental action, not for the truth of its content. Madam Justice Dorgan noted in Hellemond v. Clarke, [1992] B.C.J. No. 938 (S.C.): With respect to the hearsay objection and considering Rule 51(9), although some of the statements in the material could offend against the hearsay rule if they were tendered as proof of the truth of the statements, they may be made for other purposes, such as evidence of state of mind, to provide historical context or to explain why subsequent steps were taken.
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