Can a witness who makes an out-of-court statement be cross-examined at trial?

Ontario, Canada


The following excerpt is from R. v. Toten, 1993 CanLII 3427 (ON CA):

73 In Green, supra, note 72, per White J., at pp. 168-69, per Brennen J. (in dissent) at pp. 192-94, the court distinguishes between the witness who makes an out-of-court statement and has no recollection of the events at trial, and the witness who is able to remember the events. It appears to be common ground between the majority and dissent that where the witness can remember the events, cross-examination at trial provides a sufficient means to challenge the witness' version of events. See also Douglas v. Alabama, 380 U.S. 415 (1965) at pp. 419-20 where that court held that effective cross-examination on an out-of-court statement could be performed where the witness "affirmed the statement as his".

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