In a murder prosecution, the court determined the substantive admissibility of a 911 call made by a distressed eyewitness shortly after an alleged stabbing.
The Crown argued the recording fell within the spontaneous declaration exception to the hearsay rule, while the defence contended it was entirely inadmissible.
The court held that the call was made under the stress of a shocking and traumatic event, with no realistic opportunity for fabrication or concoction.
The recording was admitted for the truth of its contents.
