Notice to Admit Police Statement of Vulnerable Witness (Precedent)

This page was last substantively updated or reviewed January 2023. (Rev. # 82690)

PRECEDENT TERMS OF USE All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution.

General

See also: Statutory Hearsay Exception for Victims, Children and Disabled

Notice to Admit Recorded Evidence Under Section 715.1
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 715.1 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. 715.1 of the Criminal Code at the forthcoming trial scheduled for [date], at [time am/pm] upon these charges, the Crown will introduce records. THE APPLICANT RELIES ON THE FOLLOWING GROUNDS Section 715.1 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. 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] [Set out the exhibits that were filed as part of the testimony] ... 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]