In a pre‑trial ruling on the admissibility of hearsay evidence in a second degree murder prosecution, the Crown sought to admit various statements made by the deceased to acquaintances concerning the accused’s prior abusive conduct, the nature of the relationship, and her intentions shortly before her death.
Applying the principled approach to hearsay under R. v. Khelawon and R. v. Starr, the court considered necessity, reliability, relevance, and the balance between probative value and prejudicial effect.
Certain evidence, including statements reflecting the deceased’s intention to go to a shelter and evidence of a meeting in which the accused admitted prior assaults, was admitted as relevant to the relationship and the deceased’s state of mind.
Other statements and proposed testimony were excluded where they risked reasoning prejudice, lacked proximity or relevance, or were unnecessary given other admissible evidence.
