THE HEARSAY MAZE: A GLIMPSE AT SOME POSSIBLE EXITS

Abstract

In light of ongoing reforms to the hearsay rule in Canada, the purpose of this article is to present as many options as possible before this reform has proceeded too far. After reviewing the advantages and disadvantages of several options, it reviews American accomplishments in evidence reform and advocates the proposed code of evidence rules for the federal court system as an excellent model for Canadian lawyers. It briefly examines the overall scheme of the proposal and discusses the business entries exception to the hearsay rule as an illustration of the relative ease with which reliable records of many activities are admitted in American courts without much need for oral testimony.