The Crown appealed an acquittal on a charge of failing to comply with a recognizance.
The trial judge had excluded the original information and recognizance because the Crown had not provided notice under s. 28 of the Canada Evidence Act.
The appeal court held that judicial documents such as recognizances may be admitted under the common law without notice and that s. 36 of the Act preserves that common law authority.
The court further held that the Crown was not barred from advancing this argument on appeal even though it had not been raised at trial.
The acquittal was quashed and a new trial was ordered.
