Precedent - Notice to Admit Hearsay Evidence

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PRECEDENT TERMS OF USE

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Notices

Adducing Hearsay Evidence Under Principled Approach

See also: Principled Exception to Hearsay
Notice to Admit Hearsay Evidence (Principled Approach)

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

IN THE [LEVEL OF COURT] OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN


– 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:

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]

Adducing Hearsay Evidence (Past Recollection Recorded)

See also: Past Recollection Recorded
Notice to Admit Hearsay Evidence (Past Recollection Recorded)

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

IN THE [LEVEL OF COURT] OF [PROVINCE]

BETWEEN:

HER MAJESTY THE QUEEN


– 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]

See Also