Precedent - Notice to Admit Sworn Hearsay Evidence

This page was last substantively updated or reviewed September 2021. (Rev. # 78898)

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General

See also: Previously Sworn Testimony Exception to Hearsay

Notice to Admit Evidence Under Section 715
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 Section 715 of Criminal Code)* 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 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 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". 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: there is unfairness Given the requirement that the accused be present for the entirety of trial, it follows that the proper presentation of the evidence of the witness be by audio playback. 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]