Is a bail letter admissible for the truth of its contents?
Ontario, Canada
The following excerpt is from United States of America v. Akubueze, 2011 ONSC 6456 (CanLII):
I advised counsel of the cases of United States of America v. Mordi,[1] and United States of America v. David,[2] where such letters were not relied upon. In response I was referred to section 518(1)(e) of the Criminal Code which provides that the court may receive and base its decision on whether or not to order release on “evidence” the court considers to be “credible or trustworthy” in the circumstances of the case. Crown counsel was not aware of any decision that concluded that a bail letter is admissible for the truth of its contents.
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