Les principes gouvernant les déclarations antérieures compatibles - En général, elles sont inadmissibles quoique la règle soit sujette à diverses exceptions

R. v. B.B., 2024 ONCA 788 

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[14]      It is useful, however, to take this opportunity to reiterate the governing principles regarding prior consistent statements. The issues of the admissibility and use of prior consistent statements, including in the context of jury instructions, arise frequently before this court as a ground of appeal and have led to new trials being ordered.

[15]      Prior consistent statements are presumptively inadmissible: see e.g., R. v. Stirling, 2008 SCC 10, [2008] 1 S.C.R. 272, at para. 5; R. v. Dinardo, 2008 SCC 24, [2008] 1 S.C.R. 788, at para. 36; R. v. D.K., 2020 ONCA 79, 60 C.R. (7th) 123, at para. 34.

[16]      There are exceptions to the rule against prior consistent statements being received into evidence. It is not necessary to summarize the exceptions here. But this court has recognized that distinguishing between permissible and impermissible uses of prior consistent statements can be difficult: D.K., at para. 44.

[17]      As presumptively inadmissible evidence, before a prior consistent statement may be received in evidence, the party seeking to tender it must obtain a ruling on admissibility. At the hearing on admissibility, the party requesting the admission of a prior consistent statement must identify “the precise basis upon which it should be received”: D.K., at para. 45. In particular, if a party is seeking to tender a prior consistent statement as relevant to a witness’ credibility, counsel must articulate how the prior consistent statement is relevant to the witness’ credibility: D.K., at para. 45.

[18]      The process of seeking a ruling on admissibility of prior consistent statements – required for this presumptively inadmissible evidence – ensures that the parties and the trial judge turn their minds to the precise articulable basis on which admissibility is sought. This, in turn, will ensure that any jury instruction properly explains to the jury the precise manner in which the jury is permitted to use the evidence and any limitations on its use.