SCC Decision: June 19, 2008

R. v. Devine, 2008 SCC 36
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(Criminal / Evidence / Hearsay)
In a trial for assault, a witness recanted identification of the accused on the stand.  The police had taken an earlier statement, recorded and videotaped, in which the witness identified the accused.  The police had administered a type of oath prior to taking that statement.  The Court admitted the statement, finding that the criterion of necessity under the principled exception is met when a witness recants an earlier statement.  Necessity is based on the unavailability of testimony, not the witness.
Majority/Dissent: 7/0