Which factors will a court consider when deciding whether or not to admit hearsay evidence under its s.114(1)(d) ""in the interest of justice"" inclusionary discretion? s.114(2) C.J.A. 2003 sets out the factors for consideration.

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All of the factors listed in s.114(2) will be considered by the court when deciding whether or not to admit hearsay evidence under its s.114(1)(d) "in the interest of justice" inclusionary discretion. The circumstances in which the statement was made are considered relevant to the reliability and probative value of the statement. The reliability of the maker of the statement is important in determining whether the statement should be considered trustworthy. The difficulty in challenging the statement in court may affect whether it is fair to admit the statement. The extent to which it would be likely to prejudice the party facing the statement is also relevant to the fair administration of justice. Finally, the probative value of the statement is an important consideration in determining whether it is in the interest of justice to admit the evidence.

Which Factors Will a Court Consider When Deciding Whether or Not