Can a witness refer to a template containing pre-determined information to refresh their memory while testifying?
Ontario, Canada
The following excerpt is from R. v. Law, 2013 ONCJ 533 (CanLII):
[60] The prosecutor submits that the decision of Woolcott J. in Regina v. Persaud, supra, is persuasive authority for the proposition that a witness may refer to personal notes written on a template containing pre-determined information to refresh his/her memory of certain recorded events while testifying, and that such notes constitute adequate disclosure of the witness’ anticipated evidence relative to the prosecution’s Charter based obligation to disclose all material relevant to the subject charge, in its possession or control. He therefore encourages me to follow the reasoning in this case.
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