R v Khelawon

R v Khelawon, 2006 SCC 57 is a leading decision by the Supreme Court of Canada on the principled approach to hearsay evidence.

The trial judge, Grossi J, "...held that the hearsay statements from each of the complainants were sufficiently reliable to be admitted in evidence, based in large part on the 'striking' similarity between them".

[4] In delivering the Court's decision, Charron J rendered a major alteration to the threshold reliability branch of the principled approach, effectively overruling this portion of R v Starr.

In particular, the bar Starr erected on the use of corroborative evidence in the threshold reliability assessment no longer applies.

Instead of categorizing reliability factors into discreet, non-mutually exclusive threshold and ultimate stages, courts should now "adopt a more functional approach... and focus on the particular dangers raised by the hearsay evidence sought to be introduced and on those attributes or circumstances relied upon by the proponent to overcome those dangers".