''R v Smith'',
9922 SCR 915 is a leading decision on
hearsay by the
Supreme Court of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
. This decision, along with ''
R v Khan
''R v Khan'' 9902 SCR 531 is a landmark Supreme Court of Canada decision that began a series of major changes to the hearsay rule and the rules regarding the use of children as witnesses in court. In this case, and subsequently in ''R v Smith'' ...
'' (1990), began what is called the "hearsay revolution", supplementing the traditional categorical approach to hearsay exceptions with a new "principled approach" based on reliability and necessity of testimony.
Background
Arthur Larry Smith was accused of killing Aritha Monalisa King. It was believed they had both traveled from Detroit to London, Ontario. While in Canada, Smith had asked King to smuggle drugs back for him. She refused and was killed by Smith. At trial, King's mother testified she received four phone calls from her daughter the night of her death. The last call came from near where her body was found. King had told her mother she would be home very soon.
The issue before the Supreme Court was whether the statements could be admissible as evidence. The trial judge admitted the evidence and Smith was convicted. On appeal, the Court of Appeal for Ontario ordered a new trial.
Judgment
Lamer CJ, writing for the Court, dismissed the appeal. His reasons focused on the "principled approach" first developed in ''Khan''. He found that the new approach was not just limited to child testimony but rather was a new method that applied to all hearsay statements, calling it a "triumph of a principled analysis over a set of ossified judicially created categories".
See also
*
List of Supreme Court of Canada cases
* ''
R v Starr
''R v Starr'' 0002 SCR 144 is a leading Supreme Court of Canada decision that re-evaluated several principles of evidence. In particular, they held the "principled approach" hearsay evidence under ''R v Khan'' and ''R v Smith'' (1992) can be equa ...
''
* ''
R v Khelawon
''R v Khelawon'', 2006 SCC 57 is a leading decision by the Supreme Court of Canada on the principled approach to hearsay evidence.
Facts
Ramnarine Khelawon was accused of aggravated assault, uttering a death threat, assault causing bodily harm ...
'' (2006)
External links
*
{{DEFAULTSORT:Smith (1992)
Canadian evidence case law
Supreme Court of Canada cases
1992 in Canadian case law