Precedent - Notice to Admit Business Records Under CEA

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Notice

NOTICE TO ADMIT BUSINESS RECORDS
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 TO TENDER BUSINESS RECORDS *(Section 30(7) Canada Evidence Act* — Business Records) 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 the Crown intends to tender into evidence at trial certain records, to wit: [list of documents] (X pages) ... 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]

Affidavit

BUSINESS RECORDS AFFIDAVIT

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]

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:

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.
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)

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. ...
The original records were made in the usual and ordinary course of business for our organization.
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.
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)
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. ...
The original records were made in the usual and ordinary course of business for our organization.
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.
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)

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. ...
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)
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.
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]

Affidavit (No Originals)

BUSINESS RECORDS AFFIDAVIT

IN THE MATTER of the introduction into evidence of certain documents pursuant to the provisions of the Canada Evidence Act;

AND IN THE MATTER of notice given pursuant to Section 30 of the Canada Evidence Act.

AFFIDAVIT WITH RESPECT TO AUTHENTICITY OF COPIES OF
DOCUMENTS FOR WHICH ORIGINALS ARE UNAVAILABLE
PURSUANT TO s.30 OF THE CANADA EVIDENCE ACT
(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:

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.
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].
In response to a Production Order dated [date], File [#], [organization] prepared and provided documents by email, which documents are copies of records maintained by the Corporation in the usual and ordinary course of business. I have compared the documents to the original electronic version, and can attest that each of the attached documents is an accurate copy of the information in the original records.
The original records were created electronically at or near the time of the circumstances or events set out.
I believe the attached documents to be authentic in that they accurately reflect the information contained therein.

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]