What is the significance of the ruling in R v. Khan regarding hearsay evidence?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

The ruling in R v. Khan is significant as it establishes that hearsay evidence can be admissible in court under certain conditions, specifically when the evidence is both necessary and reliable. This case highlights the judicial recognition that there are situations where hearsay might be the only available evidence to illustrate a crucial fact or aspect of a case.

In determining the admissibility of hearsay, the court must consider two primary criteria: necessity and reliability. Necessity arises when the statement in question is the only means by which the relevant information can be conveyed to the court, thereby preventing unfairness or misunderstanding in the judicial process. Reliability refers to the trustworthiness of the hearsay statement, which is assessed based on various factors, such as the circumstances under which the statement was made and the credibility of the source.

This ruling reflects a balance between the need to keep the truth-finding process effective and the importance of upholding the principles of fairness and justice in legal proceedings. Thus, the decision to allow hearsay evidence when it meets both of these criteria supports the complexity of real-world situations where firsthand evidence may not be available.

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