The Crown sought to admit portions of Jill Gil's bail hearing testimony under the principled approach to hearsay.
Jill Gil, the grandmother of accused Marcus Gil, was unavailable to testify at trial.
The court found that while the necessity criterion for hearsay was met due to her unavailability, the threshold reliability was not established.
The court also determined that the Crown's cross-examination of Jill Gil at the bail hearing was primarily a discovery mechanism, which was improper and would render the admission of such evidence unfair to the accused.
Consequently, the court ruled against the admission of Jill Gil's bail hearing testimony.
