What is the test for the introduction of hearsay evidence in a sexual assault case?

Ontario, Canada


The following excerpt is from Chatham-Kent Integrated Children's Services v. L.(C.), 2004 ONCJ 375 (CanLII):

[2] The case of The Queen v. Khan, 1990 CanLII 77 (SCC), [1990] 2 S.C.R. 531, 113 N.R. 53, 41 O.A.C. 353, 59 C.C.C. (3d) 92, 79 C.R. (3d) 1, [1990] S.C.J. No. 81, 1990 Cars­well­Ont 108, established a principled approach to the introduction of hearsay evidence in addition to the existing hearsay exceptions. The society seeks to introduce some statements of the children under this expanded hearsay test. To this end, a voir dire was held to examine whether the hearsay statements made by the children met the dual criteria of “necessity” and “reliability” that were established in The Queen v. Khan.

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