What is the voir dire of a sexual assault case?
Alberta, Canada
The following excerpt is from R. v. Sweryda, 1987 ABCA 75 (CanLII):
However, the inquiry in a voir dire with respect to the admissibility of such statements is directed to the issue of their voluntariness, not to their truth. Even if the accused admits that the statements are true, that is only a factor which may be considered by the trial judge in determining whether the statements were made voluntarily. DeClercq v. R. 1968 CanLII 24 (SCC), [1969] 1 C.C.C. 197 (S.C. 1968) at p. 205.
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