The Mystery of Hearsay

Details and specs

The law of evidence continues to be a work in progress with the gates to admissibility continually being a primary focus in that evolution. Nowhere is this more evident than in the rule against hearsay, with the shift in Canada from a rule governed more by its exceptions than its primary focus, to a principled approach. This publication examines that development, not only from its introduction into Canadian law but also in comparison to the English and American procedures which cling to a rule-oriented approach.

The Mystery of Hearsay discusses the history and nature of hearsay to provide an understanding of its application in all three jurisdictions (Canada, England, and the United States) and why perhaps, more than any other type of evidence, hearsay is a necessary evil.