What is the current state of the law on hearsay evidence?

Saskatchewan, Canada


The following excerpt is from R. v Papequash, 2003 SKPC 165 (CanLII):

In addition to the above Lamer, C.J. C. in R v. Smith; ibid, sets out matters to consider; i) at Page 272 of the case in (1992) 75 C.C.C. (3d)- are the traditional dangers associated with hearsay evidence - perception, memory and credibility - present to any significant degree. ii) again at Page 272, do the conditions under which the statement was made provide a circumstantial degree of trustworthiness that would justify its admission without the possibility of cross-examination. iii) at Page 273 - was the declarant capable of deceit.

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