Les déclarations d'un accusé à son complice ne sont pas du ouï-dire

R v Ballantyne, 2015 SKCA 107

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[58]           At trial, Crown counsel attempted to tender evidence of a statement made by Mr. Ballantyne to Mr. Benjamin some days after the bank had been robbed. It appeared that the statement would relate to the bank robbery. The judge prevented Crown counsel from asking the question on the basis that it would be hearsay. This too is an error of law. Statements made by an accused person to his alleged accomplice are not caught by the exclusionary rule against hearsay and are admissible: R v Simpson, 1988 CanLII 89 (SCC), [1988] 1 SCR 3 at 21; R v S.G.T., 2010 SCC 20 at para 20, [2010] 1 SCR 688.