The appellant was convicted of first degree murder following a shooting at a nightclub.
The Crown's theory was that the shooting was in retaliation for a previous stabbing incident.
At trial, the judge admitted out-of-court statements made by the deceased victim to his mother shortly before his death, which implicated the appellant's brother in a prior attempt on the victim's life.
The appellant appealed, arguing the trial judge erred in finding the statements met the threshold reliability requirement under the principled approach to hearsay.
The Supreme Court of Canada dismissed the appeal, holding that the trial judge applied the correct test and properly considered the relevant factors, including the absence of a motive to fabricate and the availability of the mother for cross-examination.