R v Khelawon—Continuing Reform of the Law of Hearsay in Canada
| Date | 01 July 2007 |
| Published date | 01 July 2007 |
| DOI | 10.1350/ijep.2007.11.3.213 |
| Author | Dale E. Ives |
| Subject Matter | Case Note |
CASE NOTE
CONTINUING REFORM OF THE LAW OF HEARSAY IN CANADA
CASE NOTE
RvKhelawon—continuing reform of
the law of hearsay in Canada
By Dale E. Ives*
Assistant Professor, Faculty of Law, University of Western Ontario
uring the last two decades the Supreme Court of Canada has radically
altered the law of hearsay. It has moved away from the traditional
categorical approach whereby hearsay is inadmissible unless it fits
within a recognised exception to a principled approach that admits hearsay if it
either fits within a recognised exception or satisfies the twin criteria of necessity
and reliability. The court has also signalled that as between the categories and the
broader focus on necessity and reliability, the latter is of greater importance. This
reform was achieved in a series of cases, most notably RvKhan,1RvSmith,2RvB
(KG)3and RvStarr.4In RvKhelawon5the court continues the process of reform in a
way that adds both clarity and confusion to the law of hearsay.
Facts and judgment
The accused, a retirement home manager, was charged with assaulting five
elderly residents of the home. The charges were the result of an investigation that
commenced after an employee of the home found one of the residents, Skupien, in
his room with various injuries and his belongings in garbage bags. Skupien told
the employee that the accused had assaulted him, put his belongings in the bags,
and threatened to kill him if he did not leave the home. The police investigated
and identified four other residents who had allegedly been assaulted by the
THE INTERNATIONAL JOURNAL OF EVIDENCE & PROOF (2007) 11 E&P 213–220 213
D
1 [1990] 2 SCR 531.
2 [1992] 2 SCR 915.
3 [1993] 1 SCR 740.
4 [2000] SCR 144.
5 (2006) 215 CCC (3d) 161 (SCC).
* Email: dives@uwo.ca.
To continue reading
Request your trial