R. v. Denis, 2015 ONSC 192
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
HER MAJESTY THE QUEEN
Applicant
– and –
Rachelle Denis
Respondent
Matthew Humphreys & Fara Rupert, for the Crown
Natasha J. Calvinho, for the Applicant
HEARD:
DECISION ON the ADMISSIBILITY OF
STATEMENTs of the Deceased, Tarik “Tony” El-Kassis
(reasons to follow)
R. SMITH J.
Consent
Consent
1The Deceased’s statements set out as #1, 3-8, 16-23, and 26-34 on the chart are admitted on consent for the purpose set out on the chart.
Statements #24 and #25
Statements #24 and #25
2These statements are agreed to be admissible with the provisos set out in paragraph 48-51 of the Defence factum which clarify Constable Marshal’s evidence after cross-examination.
Statement #2
Statement #2
3This statement is not admissible.
Statement #9
Statement #9
4This statement is not admissible as it is not relevant
Statement #10 and #11 (Peace Bond)
Statement #10 and #11 (Peace Bond)
5These two statements are admissible as evidence of the state of mind of the deceased.
Statement #12 and #13
Statement #12 and #13
6These statements are admissible.
Statement #14
Statement #14
7This statement is not admissible as it does not meet the threshold reliability test.
Statement #15
Statement #15
8This statement is admissible under the state of mind exception.
The Honourable Mr. Justice Robert J. Smith
Released: January 9, 2015
CITATION: R. v. Denis, 2015 ONSC 192
COURT FILE NO.: 10-1900
DATE: 2015/01/09
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
HER MAJESTY THE QUEEN
Applicant
– and –
Rachelle Denis
Respondent
decision oN ADMISSIBILITY OF statements of the Deceased,
Tarik “tony” El-kassis
R. Smith J.
Released: January 9, 2015