R. v. Riles

R. v. Riles

The Undertaking to an Officer in Charge was not proven to be a court or public document, the Crown failed to authenticate it or invoke an applicable hearsay exception, and therefore the Court cannot take judicial notice of it; the Undertaking is not admitted into evidence.

Citation
2020 NSPC 2
Parties
Crown: Her Majesty the Queen; Accused: Antonio Ronald Riles
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
14 January 2020
Procedural Posture
Criminal (charge Under Criminal Code S.145(5.1)) / Trial — Evidentiary Admissibility Decision
Outcome
Crown's request denied; Undertaking not admitted into evidence
Legal Topics
Judicial Notice, Hearsay Exceptions, Document Authentication, Undertakings to Officer in Charge, Canada Evidence Act, Criminal Code S.508
Source Language
English
Criminal Law Evidence Law Procedural Law Judicial Notice Hearsay Exceptions Document Authentication Undertakings to Officer in Charge Canada Evidence Act +1 more

Case Brief

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Parties

Her Majesty the Queen

Crown

Antonio Ronald Riles

Accused

Procedural Posture

Criminal (charge Under Criminal Code S.145(5.1)) / Trial — Evidentiary Admissibility Decision

Legal Issues

  1. 1 Whether the Court can take judicial notice of an Undertaking Given to an Officer in Charge to prove the Undertaking itself
  2. 2 Whether the Undertaking is a court document absent confirmation under s.508 Criminal Code
  3. 3 Whether the Undertaking qualifies as a public document exception to the hearsay rule

Ratio Decidendi

The Undertaking to an Officer in Charge was not proven to be a court or public document, the Crown failed to authenticate it or invoke an applicable hearsay exception, and therefore the Court cannot take judicial notice of it; the Undertaking is not admitted into evidence.

Court Disposition

Crown's request denied; Undertaking not admitted into evidence

Orders

  • Undertaking to the Officer in Charge is not admitted into evidence