Spousal exceptions.

• Author: Mitchell, Teresa
• Position: Bench Press - Law overview - Brief article - Case overview

David Couture was convicted of second degree murder, partly on the basis of out-of-court statements his spouse made to police while the couple was experiencing a separation. By the time of his trial they were back together. She could not be compelled to testify at his trial, but the Crown successfully argued that this rule did not apply to statements made out-of-court. Mr. Couture's appeal to the Supreme Court of Canada divided the Court five to four. The majority ruled that a spouse's out-of-court statements are not admissible. It stated that the spousal incompetency rule is not based on the probative value of the evidence...