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Updated: SCC adopts restrictive hearsay test for threshold reliability

Thursday, June 29, 2017 @ 11:49 AM | By Cristin Schmitz

The Supreme Court has adopted a restrictive approach to the hearsay test for threshold reliability in a 5-2 decision that affirms a new trial for a B.C. man convicted of two murders based partly on what the majority deemed to be an inadmissible video re-enactment by his alleged accomplice.

Justice Andromache KarakatsanisJustice Andromache Karakatsanis’s majority judgment June 29 concisely summarizes (at para. 57) the four steps trial judges should follow in determining when they can rely on corroborative evidence to conclude that the threshold reliability of...