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| Patrick J Ducharme |
Generally, the Crown will be required to call a witness to, at minimum, explain written statements and documentary evidence and provide some basis for a finding that the evidence is credible or trustworthy. It is a threshold consideration for admissibility.
‘Credible or trustworthy’ has, for years, been defined as a term permitting otherwise inadmissible hearsay evidence provided the accused is given an opportunity to be heard and given a fair opportunity for correcting or contradicting any relevant statement prejudicial to her position. Some cases have embraced the notion that the information sought to be introduced has to exhibit at least a prima facie air of reality to be admissible. No guidelines have been provided as to how this is to be accomplished.
The issue of admissibility will be determined on a case-by-case basis. It is also evident that these amendments have not removed the dual purpose of preliminary inquiries, to determine sufficiency of evidence, and, to provide the defence with discovery of the Crown’s case. These amendments also have not removed the ability of the defence to challenge or contradict the evidence sought to be tendered in written form.
The above is the an excerpt of Patrick J Ducharme's book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
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