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SCC decision: December 14, 2006

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Research articles : 
R. v. Khelawon, 2006 SCC 57
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(Evidence / hearsay)
S, who lived in a retirement home and had personality and mental health issues, was assaulted by the accused. The police took a videotaped statement from S, but it was not under oath. S died before the trial and the Crown sought to introduce the hearsay videotaped statement for the truth of its contents. The Court discussed the law of hearsay in detail, and found that in this case the statement was inadmissible because although it met the requirement of necessity, it was not reliable.
Majority/Concurring: 7/0