Duhaime.org
Law · Legal Information · Justice
 

Hearsay
Evidence that is offered by a witness of which they do not have direct knowledge but, rather, their testimony is based on what others have said to them.

Any evidence that is offered by a witness of which they do not have direct knowledge but, rather, their testimony is based on what others have said to them.

The evidence may be admissible to show that another person's statement was made, but not of the truth of what was contained therein.

From The Law of Evidence in Canada (2nd ed., 1999, p. 173) by the late John Sopinka:

"Written or oral statements or communicative conduct made by persons otherwise than in testimony at the proceedings in which it is offered, are inadmissible if such statements or conduct are tendered either as proof of their truth or as proof of assertions implicit therein."

For example, if Bob heard from Susan about an accident that Susan witnessed but that Bob had not, and Bob attempted to repeat in Court Susan's story as evidence of the accident, it could be objected to as "hearsay."

The basic rule, when testifying in court, is that you can only provide information of which you have direct knowledge.

Hearsay evidence is also referred to as "second-hand evidence" or as "rumor."

You are able to tell a court what you heard, to repeat the rumor, and testify that, in fact, the story you heard was told to you, but under the hearsay rule, your testimony would not be evidence of the actual facts of the story but only that you heard those words spoken.

In R. v Abbey 1982 2 SCR 24 (available online at canlii.org/en/ca/scc/doc/1982/1982canlii25/1982canlii25.html), the Supreme Court justified the rule against hearsay as follows:

"The main concern of the hearsay rule is the veracity of the statements made. The principal justification for the exclusion of hearsay evidence is the abhorrence of the common law to proof which is unsworn and has not been subjected to the trial by fire of cross-examination. Testimony under oath, and cross-examination, have been considered to be the best assurances of the truth of the statements of facts presented."

Legal Dictionary

Legal terms by first letter:

Dictionary Homepage

Legal Citations & Abbreviations

Legal Citations by first letter:

Legal Citations Homepage

Law Resources by Topic

Duhaime's LawMag

Theo Fleury, True-Crime Confession

Canada's media go goo-goo gaa-gaa over child sexual abuse survivor and ex-professional hockey player Theo Fleury even though in his recent biography, he relishes in tales of unlawful conduct.

A'Twitter and A'Facebook: Field of Dreams for Law Enforcement

Privacy bleeding hearts be damned: long live the use of information technology to prevent crime and assist law enforcement.

Saint Lawyer: Lawyers Who Were Sainted

Merry Christ Mass to all and to lawyers too! Saint Ives may be the patron saint of lawyers but he is not the only lawyer to have been sainted by the Roman Catholic Pope.

Read earlier headlines »

Subscribe to stay in touch »

Law Museum & Legal History

Law Fun

Crime Prevention & Personal Safety

Login



Register
Forgot Password?

Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

top