What is the test for admissibility of an affidavit containing the contents of a police officer’s handwritten narrative?
British Columbia, Canada
The following excerpt is from Basi v. The Saanich Police Department, 2014 BCSC 593 (CanLII):
Punnett J. stated that affidavit evidence going beyond the contents of the police officer’s handwritten notes and his subsequent narrative summary, should only be admitted if it is relevant to a ground of review which is recognized by law (and which is being advanced by the petitioner), and if “there is little or no risk of recreating the evidence before the tribunal” (see para. 38). Punnett J.’s reasoning was adopted and applied by Madam Justice Fenlon in Wong v. British Columbia (Superintendent of Motor Vehicles) 2013 BCSC 2091, at paras. 32-36. I too accept that rule as to admissibility.
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