Is a police officer's notebook, dash pad or completed template used as evidence in a criminal case?

Ontario, Canada


The following excerpt is from R. v. Law, 2013 ONCJ 533 (CanLII):

[76] The case of Regina v. Mahaney, cited by the prosecution, stands for the legal proposition that an officer - witness may use any notes or memory aid made by the him/her while testifying provided that the notes were made at the time of the recorded event or shortly after, provided that no changes, additions, alterations or deletions had been made to the notes or memory aid since the time of making and provided that the witness had an independent recollection of the recorded events and needed his/her notes to refresh his/her memory. Furthermore, the decision appears to support the notion that an officer’s notes, notebook, dash pad or completed templates are not evidence, and may in the context of the conditions precedent cited above, only be used for purposes of refreshing the memory of the police officer witness.

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