Section 118 - First-hand hearsay

(1) For the purposes of section 117, evidence of a hearsay statement is admissible if

(a) the statement made by the declarant would be admissible had it been made while testifying in the action and would not itself be hearsay evidence, and

(b) the declarant is

(i) unavailable as a witness, or

(ii) a witness or will be a witness, subject to cross-examination concerning the hearsay statement, or

(iii) available as a witness and the party offering the evidence has given reasonable notice to the Court and to every other party of the intention to offer the hearsay statement at the trial and that notice gave sufficient particulars (including the contents of the statement to whom it was made and if known when and where) to afford a reasonable opportunity to estimate the value of the statement in the action.

(2) In a criminal action where the prosecution offers evidence under paragraph (b) (iii) of subsection (1), the evidence shall not be admissible if an accused has given reasonable notice to the Court and to the prosecution that the accused objects to its admission.

(3) This section does not preclude the prosecution from offering the evidence under any other paragraph of subsection (1) or under any other provision of this Act.

(4) In a criminal action, evidence of a hearsay statement made by an accused is not admissible under subsection (1) when offered by the accused unless the accused is, or will be, a witness subject to cross-examination concerning the hearsay statement.

(5) Evidence of a hearsay statement offered under paragraph (b) (i) of subsection (1) is not admissible if the declarant is unavailable as a witness because the exemption, preclusion, disqualification, death, inability absence or failure of recollection of the declarant was brought about by the wrongdoing of the proponent of the statement for the purpose of preventing the declarant from attending or testifying.