Precedent - Notice to Admit Hearsay Evidence

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Notices

Adducing Hearsay Evidence Under Principled Approach

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] ([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: ______________________________________ ______________________________________ ______________________________________ AND TAKE NOTICE that the Crown seeks to use these records to establish the following facts: ______________________________________ ______________________________________ ______________________________________ THE APPLICANT RELIES ON THE FOLLOWING LEGAL GROUNDS: [enumerate the principles that apply to the circumstances] ... Any additional grounds as counsel may advise and this Honourable Court may permit. THE APPLICANT RELIES ON THE FOLLOWING FACTUAL GROUNDS: [give a narrative of the relevant portions of the investigation and prosecution or other important circumstances] ... 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: [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence] ... Any additional evidence as counsel may advise and this Honourable Court may permit. THE APPLICANT SEEKS THE FOLLOWING RELIEF: An Order of this Court declaring that: [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: [email protected] DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _________________________________ [Counsel's name] [Counsel's title] [Internal File Coding]

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Adducing Hearsay Evidence (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] ([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: ______________________________________ ______________________________________ ______________________________________ AND TAKE NOTICE that the Crown seeks to use these records to establish the following facts: ______________________________________ ______________________________________ ______________________________________ THE APPLICANT RELIES ON THE FOLLOWING LEGAL GROUNDS: [enumerate the principles that apply to the circumstances] ... Any additional grounds as counsel may advise and this Honourable Court may permit. THE APPLICANT RELIES ON THE FOLLOWING FACTUAL GROUNDS: [give a narrative of the relevant portions of the investigation and prosecution or other important circumstances] ... 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: [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence] ... 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: [email protected] DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _________________________________ [Counsel's name] [Counsel's title] [Internal File Coding]

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