What is the test for admissibility of a statement made to a person in authority?

British Columbia, Canada


The following excerpt is from R. v. Dumont and Richardson, 2005 BCPC 414 (CanLII):

With certain well recognized exceptions, the admissibility of virtually any statement made to a person in authority is conditional upon the statement being proved to have been made voluntarily. The broad scope of that principle has been confirmed many times: Erven v. The Queen (1978), 1978 CanLII 19 (SCC), 44 C.C.C.(2d) 76; R. v. Andree, [1990] B.C.J. No. 1869 (S.C.) . No reason has been advanced here to justify a departure from general principles and I will simply apply them.

Other Questions


Is there an occasion of qualified privilege where a statement was given to a person who had an interest or duty to make the statement? (British Columbia, Canada)
If a person acts within their legal rights, is that person liable even if another person suffers a loss? (British Columbia, Canada)
In assessing the credibility of an author, is the author’s credibility of the author? (British Columbia, Canada)
Are statements or utterances admissible to show the state of mind of the accused at the time the statements were made? (British Columbia, Canada)
Is evidence of a statement made to a witness by a person who is not himself called as a witness admissible? (British Columbia, Canada)
Does the Court of Appeal have any authority or authority to overturn a conviction or sentence? (British Columbia, Canada)
Does the Attorney General have any authority or authority to issue a regulation which abrogates common law rights to justice and fairness? (British Columbia, Canada)
Does the Court of Appeal have any authority or authority to interpret a document that states that a debt is enforceable? (British Columbia, Canada)
In a personal injury action for damages for personal injury, what is the current state of the law on pain? (British Columbia, Canada)
What is the impact of personal experiences on the assessment of non-pecuniary damages in a personal injury action? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.