R. v. Cater

R. v. Cater

The court found on a balance of probabilities that voice identification was established, that the accused's intercepted statements are admissible as admissions, and that all challenged third‑party statements meet the principled hearsay requirements (necessity and reliability); accordingly all intercepted communications in Exhibit 4 and the text messages in Exhibit 10 are admissible for the truth of their contents.

Citation
2012 NSPC 15
Parties
Crown: Her Majesty The Queen; Accused: Kyle Cater
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
5 March 2012
Procedural Posture
Criminal / Admissibility Hearing (interlocutory)
Outcome
Admitted
Legal Topics
Hearsay, Admissions Exception, Principled Approach (necessity and Reliability), Voice Identification, Res Gestae / Excited Utterance, Co Conspirator Exception, Wiretap Authorization
Source Language
English
Criminal Law Evidence Charter Search and Seizure Communications Interception (part Vi) Hearsay Admissions Exception Principled Approach (necessity and Reliability) +4 more

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Parties

Her Majesty The Queen

Crown

Kyle Cater

Accused

Procedural Posture

Criminal / Admissibility Hearing (interlocutory)

Legal Issues

  1. 1 Whether intercepted communications are admissible as hearsay for the truth of their contents
  2. 2 Whether voice identification of the accused on intercepted communications is established as a preliminary issue
  3. 3 Whether statements of the accused on intercepts qualify as admissions

Ratio Decidendi

The court found on a balance of probabilities that voice identification was established, that the accused's intercepted statements are admissible as admissions, and that all challenged third‑party statements meet the principled hearsay requirements (necessity and reliability); accordingly all intercepted communications in Exhibit 4 and the text messages in Exhibit 10 are admissible for the truth of their contents.

Court Disposition

Admitted

Orders

  • All intercepted communications in Exhibit 4 admitted for the truth of their contents.
  • Text messages in Exhibit 10 admitted for the truth of their contents.