Notice to Admit Police Statement of Vulnerable Witness (Precedent)

This page was last substantively updated or reviewed January 2023. (Rev. # 82695)

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 the 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 seek to introduce a video recording THE APPLICANT RELIES ON THE FOLLOWING GROUNDS Section 715.1 authorizes the court to admit a video recording for the truth of its contents under certain preconditions that must be establish by the Crown; The purpose of the provision is to make the trial process less stressful and traumatic upon children and adduce a record of the best recollection possible where memories of children fade faster than adults; The admission is permitted where the following requirements are satisfied: the victim or witness is was under the age of 18 at the time of the offence; the recorded statement was "made within a reasonable time after the alleged offence"; the recorded statement "describes the acts complained of"; the recorded statement is adopted by the victim or witness who made it. The trial judge should decline to admit the recording where it would "interfere with the proper administration of justice"; The timing requirement of the statement is to ensure reliability of the statement; The statement at issue is about 15 minutes in length; 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: Video recording of an interview with [victim/witness]; transcript of the video recording; [SET OUT the other 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]