R. v. B., [1993] 1 S.C.R. 740, popularly known as the KGB case, is a leading Supreme Court of Canada

Supreme Court of Canada

The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...

 decision on the admissibility of prior inconsistent statement

Prior inconsistent statement

Prior consistent statements and prior inconsistent statements, in the law of evidence, occur where a witness, testifying at trial, makes a statement that is either consistent or inconsistent, respectively, with a previous statement given at an earlier time such as during a discovery, interview, or...

s as proof of the truth of their contents. Prior to this case, prior inconsistent statements made by a witness other than an accused could merely be used to impeach the witness's credibility, not for substantive purposes. Here, the Court held that if the statements could be found to be both necessary and reliable then the statements could be admitted as an exception to the hearsay

Hearsay

Hearsay is information gathered by one person from another person concerning some event, condition, or thing of which the first person had no direct experience. When submitted as evidence, such statements are called hearsay evidence. As a legal term, "hearsay" can also have the narrower meaning of...

 rule.

Background

Four youths were involved in a fight with two men. One youth pulled out a knife and stabbed one of the men, killing him. During the investigation each youth was interviewed on camera in the presence of family or their lawyer. In three of the statements, reference was made to death likely being caused by K.G.B., one of the four youths.

At trial, however, the youths recanted their videotaped statements and claimed they had lied to exculpate themselves. The trial judge followed the orthodox rule for prior inconsistent statements, and only permitted the jury to use the statements to impeach credibility rather than prove a fact. K.G.B. was acquitted and the decision was upheld on appeal.

The issue before the Supreme Court of Canada was whether the recorded statements could be submitted as evidence to the truth of their contents under the principled exception to hearsay.

Reasons of the court

Chief Justice Lamer, writing for the majority, held that the statements were admissible. He allowed the appeal and ordered a new trial.

The principled exception to hearsay, as outlined in R. v. Khan

R. v. Khan

R. v. Khan [1990] 2 S.C.R. 531 is a landmark Supreme Court of Canada decision that began a series of major changes to the hearsay rule and the rules regarding the use of children as witnesses in court. In this case, and subsequently in R. v. Smith , R. v. B. , R. v. U. , R. v. Starr , and finally,...

and R. v. Smith (1992)

R. v. Smith (1992)

R. v. Smith, [1992] 2 S.C.R. 915 is a leading decision on hearsay by the Supreme Court of Canada. This decision, long with R. v. Khan , began was is called the "hearsay revolution" supplementing the traditional categorical approach to hearsay exceptions with a new "principled approach" based on...

, requires that the statement be reliable and necessary. Lamer adopted these two criteria in formulating the test for admitting prior inconsistent statements. First, "if the statement is made under oath, solemn affirmation or solemn declaration following an explicit warning to the witness as to the existence of severe criminal sanctions for the making of a false statement". Second, "if the statement is videotaped in its entirety". Third, "if the opposing party, whether the Crown or the defence, has a full opportunity to cross‑examine the witness at trial respecting the statement".

The Chief Justice also made clear that substitute reliability guarantors could be accepted in place of these strict guidelines, in certain cases.