What is the test for admissible source records in a sexual assault case?

New Brunswick, Canada


The following excerpt is from R v. Dennis James Oland, 2015 NBQB 245 (CanLII):

On the other side, also trite, an accused has a wide right to information to test the reliability of the evidence. At the same time the law also recognizes that there are circumstances where there will be an inability to fully test certain evidence, but because there are sufficient guarantees of trustworthiness surrounding the evidence the fairness of the trial requires that it be admitted - the exceptions to the rule against hearsay probably being the best illustration. (See: R v. Hall, supra at paras 63-65). Indeed, the source records here were ruled admissible because they fall under an exception to hearsay that considers them “inherently reliable”, i.e. business records.

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