R. v. Dechamp

R. v. Dechamp

The Crown failed to establish threshold reliability for the specific portions of Atwood's statement because procedural reliability was inadequate (no oath, no meaningful substitute for cross-examination) and substantive reliability was not established by corroboration that would rule out plausible alternative...

Source-derived case information.

Citation
2020 NSSC 91
Parties
Crown: Her Majesty the Queen; Accused: Tyrell Peter Dechamp
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
5 March 2020
Procedural Posture
Criminal Murder / Voir Dire on Admissibility During Trial (bradshaw Application)
Outcome
Bradshaw application dismissed; portions of Terri-Lynn Atwood's May 5, 2016 police interview are not admissible for the truth; residual discretion to exclude exercised.
Legal Topics
Principled Exception to Hearsay, Threshold Reliability, Procedural Reliability, Substantive Reliability, Residual Discretion to Exclude Evidence
Source Language
english
Criminal Law Evidence Hearsay Law Principled Exception to Hearsay Threshold Reliability Procedural Reliability Substantive Reliability Residual Discretion to Exclude Evidence

Source-derived case record

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Parties

Her Majesty the Queen

Crown

Tyrell Peter Dechamp

Accused

Procedural Posture

Criminal Murder / Voir Dire on Admissibility During Trial (bradshaw Application)

Legal Issues

  1. 1 Whether portions of Terri-Lynn Atwood's out-of-court police statement are admissible for the truth under the principled exception to the hearsay rule
  2. 2 Whether the Crown established procedural and/or substantive (threshold) reliability for the specific portions sought to be admitted
  3. 3 Whether the court should exercise its residual discretion to exclude the evidence even if necessity and reliability were shown

Ratio Decidendi

The Crown failed to establish threshold reliability for the specific portions of Atwood's statement because procedural reliability was inadequate (no oath, no meaningful substitute for cross-examination) and substantive reliability was not established by corroboration that would rule out plausible alternative explanations; consequently the statements are inadmissible and the court would in any event exercise its residual discretion to exclude them.

Court Disposition

Bradshaw application dismissed; portions of Terri-Lynn Atwood's May 5, 2016 police interview are not admissible for the truth; residual discretion to exclude exercised.

Orders

  • Portions of Terri-Lynn Atwood's May 5, 2016 police interview sought by the Crown are inadmissible for the truth and shall not be played to the jury.
  • Atwood's statement is not admissible at the trial proper.