Notice to Admit Hearsay Evidence (Precedent)

• < Precedents, Court Forms and Checklists
• < Precedents

PRECEDENT TERMS OF USE All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution.

Notices

Adducing Hearsay Evidence Under Principled Approach

Style of cause  

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL OF COURT] OF [PROVINCE]
([name] Region)

BETWEEN:

HIS MAJESTY THE KING

– and –

[ACCUSED NAME]

---

NOTICE OF INTENTION TO ADDUCE HEARSAY EVIDENCE
(Pursuant to Principled Approach)

---

WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;

WHEREAS the trial for these outstanding charges is currently scheduled to begin before the [level of court] on [date] at [time].

TAKE NOTICE that pursuant to R v Khelawon, 2006 SCC 57 and R v Bradshaw, 2017 SCC 35 at the forthcoming trial upon these charges, the Crown will introduce records, particulars are as follows:

1. ______________________________________
2. ______________________________________
3. ______________________________________

AND TAKE NOTICE that the Crown seeks to use these records to establish the following facts:

1. ______________________________________
2. ______________________________________
3. ______________________________________

THE APPLICANT RELIES ON THE FOLLOWING LEGAL GROUNDS:

1. [enumerate the principles that apply to the circumstances]
2. ...
3. Any additional grounds as counsel may advise and this Honourable Court may permit.

THE APPLICANT RELIES ON THE FOLLOWING FACTUAL GROUNDS:

1. [give a narrative of the relevant portions of the investigation and prosecution or other important circumstances]
2. ...
3. Any additional grounds as counsel may advise and this Honourable Court may permit.

IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:

1. [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
2. ...
3. Any additional evidence as counsel may advise and this Honourable Court may permit.

THE APPLICANT SEEKS THE FOLLOWING RELIEF:

1. An Order of this Court declaring that:
   1. [describe the type of order and terms of the order].
   2. ...

FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:

In accordance with the appropriate Rules of Court,

[party name]
[party title]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: xxx@xxxxxx.xxx

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.

_________________________________
[Counsel's name]
[Counsel's title]

[Internal File Coding]

Adducing Hearsay Evidence (Past Recollection Recorded)

Style of cause  

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL OF COURT] OF [PROVINCE]
([name] Region)

BETWEEN:

HIS MAJESTY THE KING

– and –

[ACCUSED NAME]

---

NOTICE OF INTENTION TO ADDUCE HEARSAY EVIDENCE
(Pursuant to Past Recollection Recorded)

---

WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;

WHEREAS the trial for these outstanding charges is currently scheduled to begin before the [level of court] on [date] at [time].

TAKE NOTICE that pursuant to the doctrine of past recollection recorded under R v Fliss, 2002 SCC 16 at the forthcoming trial upon these charges, the Crown will introduce records, particulars are as follows:

1. ______________________________________
2. ______________________________________
3. ______________________________________

AND TAKE NOTICE that the Crown seeks to use these records to establish the following facts:

1. ______________________________________
2. ______________________________________
3. ______________________________________

THE APPLICANT RELIES ON THE FOLLOWING LEGAL GROUNDS:

1. [enumerate the principles that apply to the circumstances]
2. ...
3. Any additional grounds as counsel may advise and this Honourable Court may permit.

THE APPLICANT RELIES ON THE FOLLOWING FACTUAL GROUNDS:

1. [give a narrative of the relevant portions of the investigation and prosecution or other important circumstances]
2. ...
3. Any additional grounds as counsel may advise and this Honourable Court may permit.

IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:

1. [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
2. ...
3. Any additional evidence as counsel may advise and this Honourable Court may permit.

THE APPLICANT SEEKS THE FOLLOWING RELIEF:

An Order for [describe the type of order and terms of the order].

FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:

In accordance with the appropriate Rules of Court,

[party name]
[party title]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: xxx@xxxxxx.xxx

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.

_________________________________
[Counsel's name]
[Counsel's title]

[Internal File Coding]