Exception relative aux déclarations contre les intérêts

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General Principles

The exception to hearsay includes admission that "in the broad sense refers to any statement made by a declarant and tendered as evidence at trial by the opposing party."

Statements by Accused

A statement made by the accused is admissible as an exception to the hearsay rule where the probative value outweighs the prejudicial effect.

Where a statement fits into the category of admission against interest, it becomes preemptively admissible.

There is some debate on whether an admission by the accused is hearsay at all.

These statements can be admitted without analysis of necessity and reliability.

Statements by the accused addressed to his wife will be admissible against him.

Statements by a Third Party

A statement can only be binding against the party who made them. Thus, a out-of-court statement can only be admissible in a trial against the person who made them.

A statement of a third party admitting to the murder cannot be used in the murder trial of another person. The defence would have to call that third party as a witness.

Statements by Co-Accused

Out-of-Court statements made by the co-accused are hearsay and cannot be used as corroborative evidence at trial of the accused. Should the evidence be accepted as against the co-accused, limiting instructions are required to prevent its use against the accused.

Corporate Accused

Statements made by an agent of an organization that is within his scope of authority to a third person is admissible against their interests where the statement is part of a communciation which the agent is authorized to have with the third party.