During a trial for human trafficking and assault, the Crown sought to introduce Cellebrite extraction reports from cell phones seized from the accused, as well as out-of-court statements made by the complainant, who recanted her allegations while testifying.
The court found the Cellebrite reports were properly authenticated under s. 31.1 of the Canada Evidence Act and admissible.
Applying the principled exception to the hearsay rule, the court admitted the complainant's initial statements to police made on the night of the incident, finding they met the requirements of necessity and threshold reliability (both procedural and substantive).
However, the court excluded several later statements and text messages, finding they lacked sufficient procedural safeguards and independent corroboration.
