A sworn affidavit read in sentencing proceedings is qualitatively different from untested self-serving statements made to psychologists or in pre-sentence reports, and a sentencing judge is not entitled to reject unchallenged sworn affidavit evidence of remorse where it is not inherently implausible and the Crown has not sought to cross-examine the deponent. The R v McGourty/R v Qutami line of authority regarding limited weight for self-serving statements does not apply to sworn affidavits tendered and read in proceedings.
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