R. v. Ord

R. v. Ord

The statement was admitted because necessity was established by the complainant’s poor memory of the incident and threshold reliability was established by the circumstances of its making: the complainant was upset but capable, the statement was voluntary, not induced or led, was corroborated in part by a visible mark and consistent narrative detail, and there was no evidence of fabrication; therefore the statement meets the principled exception and is admissible for its truth subject to weight at trial.

Citation
2011 NSPC 34
Parties
Crown: Her Majesty the Queen; Accused: Jason John Ord
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
8 April 2011
Procedural Posture
Criminal / Trial Admissibility Voir Dire (threshold Reliability Hearing)
Outcome
Complainant's April 22, 2010 police statement admitted for the truth of its contents
Legal Topics
Hearsay, Principled Exception to Hearsay, Admissibility of Prior Statement, Domestic Violence, Breach of Recognizance
Source Language
English
Criminal Law Evidence Hearsay Principled Exception to Hearsay Admissibility of Prior Statement Domestic Violence Breach of Recognizance

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Parties

Her Majesty the Queen

Crown

Jason John Ord

Accused

Procedural Posture

Criminal / Trial Admissibility Voir Dire (threshold Reliability Hearing)

Legal Issues

  1. 1 Whether the complainant’s April 22, 2010 police statement is admissible for the truth of its contents under the principled hearsay exception
  2. 2 Whether the necessity requirement is met given the complainant’s poor memory
  3. 3 Whether the statement meets threshold reliability despite lack of cross-examination on its contents

Ratio Decidendi

The statement was admitted because necessity was established by the complainant’s poor memory of the incident and threshold reliability was established by the circumstances of its making: the complainant was upset but capable, the statement was voluntary, not induced or led, was corroborated in part by a visible mark and consistent narrative detail, and there was no evidence of fabrication; therefore the statement meets the principled exception and is admissible for its truth subject to weight at trial.

Court Disposition

Complainant's April 22, 2010 police statement admitted for the truth of its contents

Orders

  • Admit April 22, 2010 police statement of Nicole Cameron into evidence for its truth; statement to be weighed on the issue of whether the Crown has proven the assault beyond a reasonable doubt