What is the standard of conduct of an attesting officer in giving evidence at a criminal trial?
New Brunswick, Canada
The following excerpt is from Dennis James Oland v. R, 2015 NBQB 243 (CanLII):
Our Supreme Court has said it best: … The informant’s obligation is to present all material facts, favourable or not. Concision, a laudable objective, may be achieved by omitting irrelevant or insignificant details, but not by material non-disclosure. This means that an attesting officer must avoid incomplete recitations of known facts, taking care not to invite an inference that would not be drawn or a conclusion that would not be reached if the omitted facts were disclosed. (R v. Morelli, supra, at para. 58)
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