The accused was charged with two counts of failing to comply with a recognizance contrary to section 145(3) of the Criminal Code, with alleged offence dates of November 14 and 16, 2011.
The Crown sought to admit an original information and a certified copy of a recognizance as evidence.
The defence challenged the admissibility of these documents on the basis that the Canada Evidence Act notice served by the Crown was deficient because it referred to an information with different offence dates than the one actually tendered.
The court ruled that while the notice was deficient under the Canada Evidence Act, both documents were admissible at common law as public documents and under the principled approach to hearsay established in R. v. Khan.
