Hearsay in a Nutshell
In R. v. M.C., 2014 ONCA 611 (CanLII), the Court of Appeal for Ontario provides a wonderfully clear and useful summary of hearsay, which for the most part I have excerpted below. Hearsay is not an inherent characteristic of an item of evidence: R. v. Baldree, 2013 SCC (CanLII), [2013] 2 S.C.R. 520, at paras. 30 and 36. The defining features of hearsay are two-fold: i. the statement is adduced to prove the truth of what was said; and ii. the absence of a contemporaneous opportunity to cross-examine the declarant. Baldree, at para. 30; and R. v. Khelawon, 2006 SCC 57 (CanLII), [2006] 2 S.C.R. 787, at para. 56. The touchstone for the admissibility of evidence that is said to be hearsay is the purpose for which the evidence is adduced. Evidence is hearsay – and presumptively inadmissible – if it is offered to prove the truth of its contents: Baldree, at para. 36; a...