Necessity and the Principled Approach to Hearsay: Repetition of Evidence
Hearsay is presumptively inadmissible. However, under the principled exception to this rule, hearsay evidence may be admitted if, on a voir dire, the party seeking to admit the evidence establishes, on a balance of probabilities, sufficient indicia of necessity and reliability. R. v. Khelawon , 2006 SCC 57 (CanLII) , [2006] S.C.J. No. 57, at para. 2. Repetition and Necessity “The criterion of necessity will not operate such as to allow the introduction of evidence which, in itself, may not be necessary because it is merely repetitious of statements already admitted and, for that reason may have little or no probative value, whereas the prejudice to the accused resulting from its admission would be great.” R. v. Meaney (1996), 1996 CanLII 6635 (NL CA), 111 C.C.C. (3d) 55 (Nfld. C.A.) , at para. 42; See also R. v. C. (R.) (2005), 2005 CanLII 27316 (ON CA), 77 O.R. (3d) 364 , at para. 20 . In R. v. Rhayel , the complainant died before tri...