R v Smith, [1992] 2 SCR 915 is a leading decision on hearsay by the Supreme Court of Canada. This decision, along with R v Khan (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.
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.
Judgmentedit
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".
^SCC Case Information - Docket 22281 Supreme Court of Canada
December 13, 2023
smith, 1992, smith, 1992, leading, decision, hearsay, supreme, court, canada, this, decision, along, with, khan, 1990, began, what, called, hearsay, revolution, supplementing, traditional, categorical, approach, hearsay, exceptions, with, principled, approach,. R v Smith 1992 2 SCR 915 is a leading decision on hearsay by the Supreme Court of Canada This decision along with R v Khan 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 R v SmithSupreme Court of CanadaHearing June 15 1992 Judgment August 27 1992Full case nameHer Majesty The Queen v Arthur Larry SmithCitations 1992 2 SCR 915Docket No 22281 1 Court membershipChief Justice Antonio LamerPuisne Justices Gerard La Forest Claire L Heureux Dube John Sopinka Charles Gonthier Peter Cory Beverley McLachlin William Stevenson Frank IacobucciReasons givenUnanimous reasons byLamer CJ Contents 1 Background 2 Judgment 3 See also 4 External linksBackground editArthur 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 editLamer 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 editList of Supreme Court of Canada cases R v Starr R v Khelawon 2006 External links editFull text of Supreme Court of Canada decision at LexUM and CanLII SCC Case Information Docket 22281 Supreme Court of Canada Retrieved from https en wikipedia org w index php title R v Smith 1992 amp oldid 810592573, wikipedia, wiki, book, books, library,
