EVIDENCE |
Quebec (Health and Safety Commission) v. Canada
T-2492-84
2001 FCT 111, Blais J
23/2/01
17 pp.
Motion under r. 220(1)(b) for ruling on admissibility as evidence of certain exhibits and of Appendix "J" attached to expurgated report prepared by Canadian Armed Forces--Motion also sought ruling on admissibility of transcript of testimony of Captain W.J. York, now deceased, before Canadian Armed Forces committee that produced aforesaid expurgated report--Following tragic events of May 8, 1984, board of inquiry established by Canadian Armed Forces--During inquiry by Canadian Armed Forces, number of soldiers interrogated--Issue in dispute whether exhibits shown to witnesses at time of their interrogation by Canadian Armed Forces integral part of their testimony, or whether said statements should be excluded as hearsay, as respondent submits--Exhibits and Appendix "J" all consist of some statements provided to Sûreté du Québec by some soldiers stationed at Carp Base at time of events at issue--For purposes of admissibility of out-of-court statements, not necessary to show absolute necessity--Courts have consistently said that witnesses, when available, should testify before Court and that this testimony usually best evidence--Although degree of necessity in this specific case seems weak, nevertheless sufficient to conclude that said documents meeting test of necessity--Although hearsay, statements made to police officers meeting tests of necessity and reliability established by law and by courts--Exhibits attached to expurgated report of Canadian Armed Forces and statements contained in Appendix "J" declared admissible as evidence and will be filed for purposes of examination by Court during trial--Testimony of Captain York, deceased, attests that he was officer in charge of logistics at Carp Base at time of events of May 1984 and, in this capacity, he was ultimately responsible for security of magazines located in Carp Base vault--Captain York's testimony necessary in circumstances--Admissibility as evidence of transcript of testimony given by Captain York to committee of inquiry of Canadian Armed Forces justifiable in terms of relevance--Fulfills tests of necessity and reliability and may therefore be filed--Motion allowed--Federal Court Rules, 1998, SOR/98-106, r. 220.