The Reliability Factor under the Principled Approach to Hearsay: “Can you Trust the Dead Guy?”

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Since R. v. Khan, the principled approach to hearsay has largely overtaken the traditional exceptions to the hearsay rule, dealing in issues of reasonability and necessity.  This paper discusses both, as well as some examples of when hearsay has been sought to be admitted, the test of probative value versus prejudicial effect, ultimate reliability and the question of “if, when and how to object”. A practical example of an objection on the ground of improper hearsay is attached.

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This paper was presented as part of LESA’s Evidence Law Refresher in November and December 2014.

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