What is the test for making a dying declaration?
Ontario, Canada
The following excerpt is from R v. Gary White, 2017 ONSC 7209 (CanLII):
Dying declarations are to be handled with care, and only admitted where they fall squarely within the test. Davis J. pointed out in R v. Schwartzenhauer, 1935 CanLII 18 (SCC), [1935] S.C.J. No. 7, 64 C.C.C. 1 (S.C.C.), at 1: [T]hese dying declarations are to be received with scrupulous, I had almost said with superstitious, care. The declarant is subject to no cross-examination. No oath need be administered. There can be no prosecution for perjury. There is always danger of mistake which can never be corrected.
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