During an ensuing conversation Cook told Giesbrecht that he could not go with her that night because he had to "go and do an Autopac scam with Robert", as he had been given $500 for wrecking a car for insurance purposes.

The trial judge found the statement admissible on the "present intentions" or "state of mind" exception to the hearsay rule.

The first was that the traditional hearsay exceptions would continue to operate, but that they would have to conform to the principled approach's tenets of reliability and necessity (at paragraphs 202–207).

The second and most controversial aspect of the decision was that in assessing threshold reliability, the trial judge must only consider the circumstances surrounding the making of the statement (at paragraphs 215–217).

Charron J at paragraph 4 said: As I will explain, I have concluded that the factors to be considered on the admissibility inquiry cannot be categorized in terms of threshold and ultimate reliability.

In each case, the scope of the inquiry must be tailored to the particular dangers presented by the evidence and limited to determining the evidentiary question of admissibility.

199): By excluding evidence that might produce unfair verdicts, and by ensuring that litigants will generally have the opportunity to confront adverse witnesses, the hearsay rule serves as a cornerstone of a fair justice system.