R. v. Davis

R. v. Davis

Documents that are the subject of a s.540(7) notice must be placed before the court with an appropriate foundation (marked as exhibits and attested or adopted in testimony) for the court to assess their trustworthiness; absent that foundation the court cannot admit or rely on them at the preliminary inquiry. The seized items list (Exhibit #2) was admissible because the author testified and confirmed key entries; other items not exhibited or adopted remain inadmissible or reserved for further ruling pending Crown submissions.

Citation
2023 NSPC 31
Parties
Crown: His Majesty the King; Accused: Philip Winston David
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
6 June 2023
Procedural Posture
Criminal Preliminary Inquiry / Interim Decision on S. 540(7) Application
Outcome
Interim ruling permitting s.540(7) application as to Exhibit #2 (list of seized items) and reserving final rulings on remaining items pending Crown submissions; did not admit other documents lacking foundation as trustworthy at this stage; matter to return for Crown submissions.
Legal Topics
S.540(7) Admissibility, Committal, Exhibits, Trustworthiness of Documents, Hearsay, S.540(9) Cross Examination
Source Language
English
Criminal Law Evidence Preliminary Inquiry Controlled Drugs and Substances Act Criminal Procedure S.540(7) Admissibility Committal Exhibits +3 more

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Parties

His Majesty the King

Crown

Philip Winston David

Accused

Procedural Posture

Criminal Preliminary Inquiry / Interim Decision on S. 540(7) Application

Legal Issues

  1. 1 Whether documents listed in a s.540(7) notice but not marked as exhibits or attested by an affiant can be assessed as trustworthy and credible under s.540(7)
  2. 2 Whether the Crown may rely on documents not referred to in witness testimony at preliminary inquiry
  3. 3 Admissibility of drug expert report and Crown Sheet under s.540(7)

Ratio Decidendi

Documents that are the subject of a s.540(7) notice must be placed before the court with an appropriate foundation (marked as exhibits and attested or adopted in testimony) for the court to assess their trustworthiness; absent that foundation the court cannot admit or rely on them at the preliminary inquiry. The seized items list (Exhibit #2) was admissible because the author testified and confirmed key entries; other items not exhibited or adopted remain inadmissible or reserved for further ruling pending Crown submissions.

Court Disposition

Interim ruling permitting s.540(7) application as to Exhibit #2 (list of seized items) and reserving final rulings on remaining items pending Crown submissions; did not admit other documents lacking foundation as trustworthy at this stage; matter to return for Crown submissions.

Orders

  • Permit s.540(7) application with respect to Exhibit #2 (list of seized items)
  • Reserve final ruling on Exhibit #1 and tabs 7,9,10,11,13 and other documents not marked as exhibits until Crown provides submissions and foundation by June 9, 2023