Notice to Admit Sworn Hearsay Evidence (Precedent): Difference between revisions
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{{I-Start}}'''THE APPLICANT RELIES ON THE FOLLOWING GROUNDS'''{{I-End}} | {{I-Start}}'''THE APPLICANT RELIES ON THE FOLLOWING GROUNDS'''{{I-End}} | ||
# Section 715 grants courts the discretion to permit the admission of recorded evidence given at a preliminary inquiry or trial on the same charge where the witness is unwilling or unable to give evidence at trail on account of (a) death, (b) insanity, (c) unable to travel due to illness, or (d) absent from Canada. | # Section 715 grants courts the discretion to permit the admission of recorded evidence given at a preliminary inquiry or trial on the same charge where the witness is unwilling or unable to give evidence at trail on account of (a) death, (b) insanity, (c) unable to travel due to illness, or (d) absent from Canada. | ||
# It | # It must be established that the accused was "present during the taking of the evidence". | ||
# Should the crown prove the prerequisites of admission under s. 715(1), the evidence may be admitted without further proof. | # Should the crown prove the prerequisites of admission under s. 715(1), the evidence may be admitted "without further proof". | ||
# The court may refuse to admit the evidence where the admission would be unfair: R v Beah 2013 ONSC 2490 per Strathy J | # Where the presumption of admission is made out, the evidence may be rejected if the accused "proves that the accused did not have full opportunity to cross-examine the witness" | ||
# The court may refuse to admit the evidence where the admission would be unfair: ''R v Beah'', 2013 ONSC 2490 per Strathy J | |||
# Unfairness can take two forms: | # Unfairness can take two forms: | ||
## there is unfairness | ## there is unfairness |
Revision as of 10:46, 8 September 2021
This page was last substantively updated or reviewed September 2021. (Rev. # 78898) |
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General
Notice to Admit Evidence Under Section 715 |
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
NOTICE OF INTENTION TO ADDUCE HEARSAY EVIDENCE 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; TAKE NOTICE that pursuant to the provisions of s. 715 of the Criminal Code at the forthcoming trial scheduled for [date], at [time am/pm] upon these charges, the Crown will introduce records, particulars are as follows:
THE APPLICANT RELIES ON THE FOLLOWING GROUNDS
IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:
THE APPLICANT SEEKS THE FOLLOWING RELIEF:
FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT: In accordance with the appropriate Rules of Court,
[party name] DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
[Internal File Coding] |
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