R v P(R), 1990 OJ No. 3418 (Doherty – HCJ): [16] Assuming relevance, evidence of utterances made by a deceased (although the rule is not limited to deceased persons) which evidence her state of mind are admissible. If the statements are explicit statements of a state of mind, they are admitted as exceptions to the hearsay rule. If those statements Read more...
R v Starr, 2000 SCC 40 (Iacobucci): [168] The Crown argued that the “state of mind” or “present intentions” exception to the hearsay rule applied to render Cook’s statement to Giesbrecht admissible. This exception was most recently discussed in detail by this Court in Smith, supra, where it was recognized that an “exception to the hearsay rule arises when the Read more...
R v Griffin, 2009 SCC 28 (Charron): [58] Applying Smith and Starr to the facts of the present case, there is no doubt that Poirier’s statement cannot be admitted as proof of Griffin’s intentions, because we do not know the basis on which Poirier came to believe that if he was harmed, Griffin would be responsible. Hence, Poirier’s statement is Read more...
R v Candir, 2009 ONCA 915 (Watt): [55] In cases like this, where the prosecutor alleges that the murder charged was motivated by the appellant’s anger in the deceased’s decision to end the relationship, the prosecutor is entitled to adduce evidence to prove the deceased’s contemporaneous mental or emotional state with respect to the accused, such as dislike, hatred or Read more...
R v. Cote – 2018 ONCA 820 (Court): [14] In a pre-trial ruling, the trial judge held that the Crown could present hearsay evidence from Todd Starr, a long-time friend of McQuhae. Starr was permitted to testify that approximately two or three days before his death, McQuhae told Starr that he was concerned that he might be on the top Read more...