What is the test for making an out-of-court statement?
Nova Scotia, Canada
The following excerpt is from R. v. Scott, 2004 NSSC 13 (CanLII):
Out-of-court statements were traditionally excluded by operation of the hearsay rule which precludes receipt of evidence of a statement made to a witness by a person, who is not himself called as a witness, to establish the truth of what is contained in the statement (See Subramaniam v. Public Prosecutor, [1956] 1 W.L.R. 965 (P.C.) at p. 970.)
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