L'exception du co-conspirateur dans un contexte d'équité du procès

R. v. Crawford, 2013 BCSC 932 (CanLII)

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[157]     Application of the hearsay exception for co-conspirators to substantive offences that on their facts involve an allegation of a common design or agreement is a principle of law that is well settled. The ratio of Koufis has been applied in recent cases not involving conspiracy: R. v. ACS Public Sector Solutions Inc., 2007 ABPC 303 (CanLII); and R. v. Vivar, [2003] O.J. No. 681 (C.J.). While conspiracy was also charged in R. v. Alcantara, 2012 ABQB 521 (CanLII), the court applied the Koufis ratio to the offence of committing an indictable offence for a criminal organization (at paras. 974-980). While this principle of law may be controversial, the defence should be well aware of its application beyond conspiracy charges and cannot complain if the Crown chooses to ask the court to apply this rule of evidence to the facts of any case involving evidence of a common design. There is no unfairness to the accused as the Crown did not mislead them regarding its intention to rely upon the co-conspirators’ hearsay exception at any point during the trial.