Canada ( Minister of Citizenship and Immigration ) v. Odynsky
T-2669-97
MacKay J.
12/5/99
11 pp.
Citizenship and Immigration-Revocation of citizenship-Counsel for defendant objecting to admission in evidence of document entitled "A.E.F. DP Registration Record"-Document card for collecting information personal to individual concerning whom card completed (basic biographical information on one side, medical clearance certificate, visa, reception centre record, supplementary record on other)-In record herein, some information consistent with information in evidence concerning defendant, some information inconsistent with evidence-No evidence about origin or purposes of record form, when completed, by whom, where information included in boxes came from, and if document maintained in some archives or record storage, basis on which maintained-Therefore, no long-standing common-law ground for admission of document as exception to hearsay rule-Objection to admission based on lack of evidence about document and absence of appropriate affidavit under Canada Evidence Act, s. 30-Record not to be admitted as evidence herein-Given lack of information about document, fact not introduced by affidavit, precluded from admission by hearsay rule-Similarity of information contained in document with information already in evidence not sufficient for document to be admitted, and does not establish that document and information therein reliable-Since reliability of document not adequately established, no basis for exception from hearsay rule-Necessity of considering evidence not established-Canada Evidence Act, R.S.C., 1985, c. C-5, s. 30 (as am. by S.C. 1994, c. 44, s. 91).