R. v. Smith, [1992] 2 S.C.R. 915 is a leading decision on 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...

 by the 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...

. This decision, long with 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,...

(1990), began was is called the "hearsay revolution" supplementing the traditional categorical approach to hearsay exceptions with a new "principled approach" based on reliability and necessity of the testimony.

Background

Arthur Larry Smith was accused of killing Aritha Monalisa King. It was believed that they had both traveled from Detroit to London, Ontario. While in Canada, Smith had asked King to smuggle the drugs back for him. She refused and was killed by Smith. At trial, King's mother testified that she received four phone calls from her daughter the night of her death. The last call came from near where her body was found. She had told her mother she would be home very soon.

At trial the evidence was let in and Smith was convicted. On appeal the Ontario Court of Appeal ordered a new trial. The issue before the Supreme Court was whether the statements could be admissible.

Judgment

Lamer C.J. writing for the Court, dismissed the appeal. His reasons focused on the "principled approach" first developed in the Khan case. He found that the new approach was not just limited to child testimony but rather was a new method that applied to all hearsay statements, calling it a "triumph of a principled analysis over a set of ossified judicially created categories".

See also

• List of Supreme Court of Canada cases
• R. v. Starr
  R. v. Starr
  R. v. Starr [2000] 2 S.C.R. 144 is a leading Supreme Court of Canada decision that re-evaluated several principles of evidence. In particular, they held that the "principled approach" hearsay evidence under R. v. Khan and R. v. Smith can be equally used to exclude otherwise inclusive hearsay...
  
  
• R. v. Khelawon
  R. v. Khelawon
  R. v. Khelawon, 2006 SCC 57 is a leading decision by the Supreme Court of Canada on the principled approach to hearsay evidence.- Facts :Ramnarine Khelawon was accused of aggravated assault, uttering a death threat, assault causing bodily harm, and assault with a weapon. The offences involved five...
  
  (2006)