Chapter 10
Admissible evidence

The Record of the Case

10.4In Chapter 9 we discussed the Record of the Case procedure, insofar as it applies in accusation cases (as opposed to conviction cases). The Bill sets out the requirements for this type of Record.300 If those requirements are met, then the Record is admissible and there is a statutory presumption that it is reliable.301 This is the case regardless of the rules in the Evidence Act relating to hearsay.302
10.5A second type of Record of the Case (which we did not discuss in detail in Chapter 9) applies in conviction cases.303 Again, the requirements for this type of Record are based on the Canadian model. The most important requirement is that a judicial or prosecuting authority must certify that the content of the Record is accurate and complete.304 This certification provides the factual basis for the statutory presumption of reliability. Again, if all of the requirements are met, then the Record is admissible.305
300Extradition Bill, cl 33(2).
301Extradition Bill, cl 92(3).
302Extradition Bill, cl 92(2)(a).
303Extradition Bill, cl 33(3).
304Extradition Bill, cl 33(3)(a) and (e).
305Extradition Bill, cl 92(1)(a).