The defendant, Kelsey Brennan, facing charges including Assault With a Weapon, sought to admit her affidavit as testimony in chief under the principled exception to the hearsay rule.
She argued necessity due to her epilepsy, which she claimed was triggered by stress, making viva voce testimony difficult.
The Crown opposed, citing concerns about assessing evidence and setting precedent.
The court granted the application, finding that necessity was met under a relaxed standard for defence applications, and procedural reliability was satisfied by her availability for cross-examination.
