Precedent - Notice to Admit Canada Evidence Act Records

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PRECEDENT TERMS OF USE

All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution when used in the course for any court filings.

Finance and Business Records

See also: Business Records Under the Canada Evidence Act

Business Records

NOTICE TO ADMIT BUSINESS RECORDS

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

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME]




NOTICE TO TENDER BUSINESS RECORDS
(Section 30(7) Canada Evidence Act — Business Records)




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

AND WHEREAS he/she is scheduled to begin trial in [level of court], on [date of trial];

TAKE NOTICE THAT the Crown intends to tender into evidence at trial certain records, to wit:

  1. [list of documents] (X pages)
  2. ...

IF you wish to examine original or electronic records—as the case may be—that are to be introduced by the Crown at trial, they are in the possession of the [organization holding records], [address of the Crown], [city], [province]. Please notify the Crown should you wish to make arrangements for an inspection.

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


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


[Internal File Coding]

BUSINESS RECORDS AFFIDAVIT

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

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME]




AFFIDAVIT OF [AFFIANT NAME]
(Section 30(7) Canada Evidence Act — Business Records)




I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:

  1. I hold the position of [position] with [organization] and I have personal knowledge of the matters and facts hereinafter deposed to except where stated to be on information and belief and where so stated, I verily believe the same to be true.
  2. My position requires me to have familiarity and knowledge of recording-keeping practices and electronic document systems of records relating to [type of records at issue].

EITHER
(where the records are copies of the original records, but the organization has kept the originals)
  1. Attached hereto as Appendix "A" ("the records"), consisting of XX pages, are true copies of the original records of the following:
    1. [description of the records] (X pages)
    2. ...
  2. The original records were made in the usual and ordinary course of business for our organization.
  3. I have personally [reviewed/copied] the original documents held by our organization and reviewed the copies sufficiently to satisfy myself as to the accuracy and authenticity of the copies.
  4. It is not reasonably practicable to produce the original records as their continued retention by our organization is necessary for purposes relating to the usual and ordinary course of business.
    OR
    (where the records were retrieved from a computer system)
  5. Attached hereto as Appendix "A" ("the records"), consisting of XX pages, are true copies of the original records of the following:
    1. [description of the records] (X pages)
    2. ...
  6. The original records were made in the usual and ordinary course of business for our organization.
  7. I personally [reviewed/retrieved] the records from our organization’s electronic document system. I attest that the records are true and accurate representations of the information stored on the system.
  8. To the best of my knowledge and experience, the electronic document system storing the records was functioning properly while I accessed it. At no time did I observe any system errors or failures in the system that could reasonably affect the integrity of the system. I do not have any reason to believe that the electronic document system was not operating properly.

OR
(where the original records are attached)
  1. Attached hereto as Appendix "A" ("the records"), consisting of XX pages, are the original records of the following:
    1. [description of the records] (X pages)
    2. ...
  2. The original records were made in the usual and ordinary course of business for our organization.
    AND CONSIDER
    (where records were created by persons who inputted data into the system)
  3. The records were created in the usual and ordinary course of business by persons who at the time of the making of the entry or records had knowledge of the circumstances or events set out therein.
  4. The information found in the record was recorded at the time specified therein and it has been produced by persons who are under a duty to produce the records in their original form.

SWORN/AFFIRMED TO at [city], in the region of
[region], Province of
[province], this [day]
day of [month], 20____, before me:

________________________________

Commissioner of Oaths/Barrister of
the [level] Court of [province]

)
)
)
)
)
) _____________________________
) [Affiant Name]
) [Affiant title]
)

[Internal File Coding]

Financial Records

Affidavit to Support Financial Records Under s. 29(3) of the Canada Evidence Act

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

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN

– and –

[ACCUSED NAME]




AFFIDAVIT OF [AFFIANT]
(Pursuant to Section 29 of the Canada Evidence Act — Financial Records)




I, ______________, of [city], in the province of [province], make oath and say as follows:

  1. I am employed by the following financial institution: [name of institution], [address of instittuion], and I have konwledge of the records of the said financial institution.
  2. The financial institution is incorporated in Canada and accepts deposits from members of the public.
  3. The attached documents, marked as Appendix "A" and consisting of a total of XX pages, are true copies of the ordinary records of the financial institution. They consist of the following records:
    1. [list records] (X pages)
  4. All entries into the records were made at times when they were ordinary records of the financial institutions. All entries were made in the usual and ordinary course of business. The records are in the custody or control of the financial institution.

SWORN/AFFIRMED TO at [city], in the region of
[region], Province of
[province], this [day]
day of [month], 20____, before me:

________________________________

Commissioner of Oaths/Barrister of
the [level] Court of [province]

)
)
)
)
)
) _____________________________
) [Affiant Name]
) [Affiant title]
)

[Internal File Coding]