You are here

SCC Decision: June 15, 2007

Taxonomy upgrade extras: 
Research articles : 
R. v. Couture, 2007 SCC 28
Click here to link to the full judgment.
(Criminal law / Hearsay / Spousal incompetency rule)
C was convicted of second degree murder, based in part on two out-of-court statements by his spouse.  At trial, the judge admitted those statements under the principled exception to the hearsay rule.  The Supreme Court held that the statements should not have been admitted at trial.  The principled approach to hearsay should be applied to reinforce the traditional rules of evidence.  Here, admitting the statements would undermine the rationales for the spousal incompetency rule.
Majority/Dissent: 5/4