How would this work within the rules of evidence?

Question

Mike tells Bob about the crime. Mike dies, and Bob is ordered to testify to provide evidence. What I'm trying to go for is hearsay, but if Mike is dead, would that be an exception? Can the state/Crown object to this?

If you have some case law (preferably Canadian, if not, that's cool too), that would be even better. Thanks in advance.

You gave a good scenario that I didn't think of, but I was actually thinking of Mike dying suddenly. Any thoughts on that?

Answer 1

I am not an attorney and my knowledge is limited to US law. In most cases, Mike's death would not get around the hear-say rules. If Mike told Bob, KNOWING he was dying, the 'dying declaration' exception may apply. The opposing party can ALWAYS object. I just don't know if the court will sustain the objection.