Can a statement by a police officer be admitted as evidence?

Ontario, Canada


The following excerpt is from R. v. Toy, 2009 ONCA 176 (CanLII):

In our opinion the statement was nevertheless admissible. The police officer’s evidence was admitted for the limited purpose of proving that the statement was made. The police officer was under a duty to record what the appellant said to him regarding the domestic assault. Although the police officer could not remember taking this statement, he testified as to his usual practice. The statement appears to fall within the exception in Ares v. Venner, 1970 CanLII 5 (SCC), [1970] S.C.R. 608 as being a recording within the recorder’s normal scope of duty. In any event, the statement was not that of the police officer but of the appellant. The appellant signed each page of the statement and the purpose of her doing so was to confirm the accuracy of what was recorded. The trial judge did not err in admitting the statement.

Other Questions


Is a police disciplinary record that is not in the control of the police force required to be disclosed by the police officer to the police community? (Ontario, Canada)
How have courts struck down allegations of breach of fiduciary duty in pleadings against police officers and vicariously the police services board and police chief? (Ontario, Canada)
What is prejudice against a police officer who has been denied promotion because of the delay in getting notice of application to the Police Complaints Board? (Ontario, Canada)
What is the test for relying on a template used by a police officer at trial for evidence in a speeding case? (Ontario, Canada)
Can a statement made out of court by an accused to a person in authority be admitted into evidence against him? (Ontario, Canada)
What is the difference between a police statement and a SCAN statement? (Ontario, Canada)
Does a police officer have a duty to caution a person that their answers may be used in evidence in a criminal case? (Ontario, Canada)
Does the evidence of the wife raise a reasonable doubt with respect to the symptoms described by the two police officers? (Ontario, Canada)
Can a statement made by an Immigration Officer to a refugee claimant be used as evidence at a subsequent refugee inquiry? (Ontario, Canada)
Does a police officer’s template/notes constitute "canned evidence"? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.