Can a voir dire be conducted in a sexual assault case?

Ontario, Canada


The following excerpt is from R. v. Donovan, 2007 CanLII 29340 (ON SC):

In R v. Parks [2005] O.J.No.937 at para. 37 (Sup. Crt.) Hill J. examined the requirement of a voir dire in the context of an utterance made to a police officer and stated that not every failure to conduct a confessional voir dire will amount to procedural error automatically negating a verdict and that a reviewing court must determine whether the error occasioned a substantial wrong or miscarriage of justice.

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