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Criminal law 2024 BCSC 2204

R. v. Cuthbert

The court refused to admit a deceased witness’s warned statement, finding no threshold reliability under Bradshaw and rejecting its use as exculpatory evidence for Heikel.

  • Principled exception to hearsay
  • Threshold reliability
  • Procedural reliability
  • Substantive reliability
  • Accomplice evidence
  • Exculpatory hearsay
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Criminal law 2024 BCSC 1636

R. v. Reed

The court ruled on admissibility of the accused’s statements and related text messages in a judge-alone murder trial, admitting some statements and excluding others.

  • Party admissions
  • Prior consistent statements
  • Narrative as circumstantial evidence
  • Probative vs prejudicial balancing
  • Relevance
  • Party-admissions
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Criminal law 2024 BCSC 2618

R. v. Reed

The court partly granted a Crown voir dire application, admitting selected statements and texts as party admissions or for limited narrative purposes, while excluding the rest as more prejudicial than probative.

  • Party admissions
  • Narrative exception
  • Prior consistent statements
  • Probative vs prejudicial balancing
  • Party-admissions
  • Hearsay
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Criminal law 2024 BCSC 1849

R. v. Medwedrich

The court admitted a cellphone video containing the accused’s alleged admissions in a murder case, finding the statements were relevant and not unfairly prejudicial.

  • Admissibility of electronic documents
  • Party admissions exception
  • Probative vs prejudicial (residual discretion)
  • Best evidence rule
  • Principled approach to hearsay
  • Admissibility-of-electronic-documents
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Criminal law 2023 SCC 1

R. v. S.S.

Supreme Court of Canada restored a conviction after finding no reversible error in admitting a child’s videotaped police statement under the principled hearsay exception.

  • Threshold reliability
  • Principled exception to hearsay rule
  • Admissibility of unsworn statements
  • Role of cross-examination and substitutes
  • Criminal-law
  • Evidence
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Criminal law 2022 BCSC 2047

R. v. Bottomley

The court held the Crown’s admissibility application on ante mortem statements could proceed on the written record, without viva voce evidence from the proposed witnesses.

  • Ante mortem statements
  • Principled hearsay exception
  • Discreditable conduct evidence
  • Threshold reliability
  • Vetrovec witness concerns
  • Voir dire procedure
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Criminal law 2022 SCC 34

R. v. Schneider

The Supreme Court of Canada held that overheard, paraphrased statements by the accused were admissible as party admissions and restored the murder conviction.

  • Party admissions
  • Relevance
  • Probative value vs prejudicial effect
  • Jury instructions
  • Admissibility
  • Voir dire
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Criminal law 2022 BCCA 304

R. v. Handlen

Appeal dismissed in a first degree murder conviction. The court upheld admission of pre-hypnosis eyewitness statements and a Mr. Big confession and reenactment.

  • Principled exception to hearsay
  • Mr. big confession admissibility
  • Necessity and threshold reliability
  • Reconsideration of rulings
  • Abuse of process
  • Confirmatory evidence
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Criminal law 2021 BCSC 2008

R. v. Alkhalil

The court admitted evidence that a witness was told he was dealing with Mohammad Shakil Khan, but excluded the power of attorney statement and document as inadmissible hearsay.

  • Self-identification exception to hearsay
  • Admissibility
  • Relevance
  • Circumstantial association evidence
  • Power of attorney document
  • Hearsay
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Criminal law 2021 BCSC 1803

R. v. Alkhalil

The court admitted a deceased witness’s ante mortem statements and a related text message, largely for narrative and state-of-mind purposes, and two statements for their truth.

  • Ante mortem statements
  • Principled approach to hearsay
  • State of mind and present intention
  • Narrative/context evidence
  • Necessity and reliability
  • Motive and animus
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.