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. If those requirements are met, then the Record is admissible and there is a statutory presumption that it is reliable. This is the case regardless of the rules in the Evidence Act relating to hearsay.
10.5A second type of Record of the Case (which we did not discuss in detail in Chapter 9) applies in conviction cases. 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. 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.