The defendant was charged with careless driving causing bodily harm and death after a fatal motor vehicle accident.
During the trial, the defence sought to introduce hearsay statements made by a passenger to an acquaintance, in which the passenger admitted to pulling the steering wheel and causing the accident.
The Crown opposed the admission of the statements.
The court applied the principled approach to hearsay and found that the statements met the threshold for necessity and reliability.
The court ruled the hearsay statements admissible for the truth of their contents.
