Summary

38224

Norman Eli Larue v. Her Majesty the Queen

(Yukon Territory) (Criminal) (As of Right)

(Publication ban in case) (Sealing order) (Certain information not available to the public)

Keywords

Criminal law - Evidence, Appeals, Powers of court of appeal - Criminal law - Evidence - Hearsay - Admissibility - Principled exception to hearsay rule - Whether the trial judge erred in admitting hearsay evidence - R. v. Bradshaw, 2017 SCC 35, [2017] 1 S.C.R. 865. .

Summary

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(PUBLICATION BAN IN CASE) (SEALING ORDER) (COURT FILE CONTAINS INFORMATION THAT IS NOT AVAILABLE FOR INSPECTION BY THE PUBLIC)

Mr. Larue, appellant, was convicted of first degree murder. At trial, a witness refused to testify and, as a result, the Crown applied to admit two hearsay statements under the principled approach to the hearsay rule. A majority of the Court of Appeal dismissed the appeal. Bennett J.A., dissenting, would have allowed the appeal and ordered a new trial on the basis that the statements did not meet the test of threshold reliability to be admitted under the principled approach to hearsay as articulated in R. v. Bradshaw, 2017 SCC 35, [2017] 1 S.C.R. 865.