What is the common law exception to the admission of hearsay?
British Columbia, Canada
The following excerpt is from R. v Haevischer, 2014 BCSC 311 (CanLII):
The common law exception to the admission of hearsay, as articulated in Ares v. Venner and numerous decisions thereafter, is based on reliability, which consists of three elements: first, the record is made contemporaneously with the recorded observation; second, the person making the record has personal knowledge of the matter being recorded; and third, the maker of the record is under a duty to make the entry. Where those elements of reliability are satisfied, the record may be admitted for the truth of its entries. That, of course, does not preclude a challenge to their accuracy.
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