UNIVERSITY OF TORONTO - FACULTY OF LAW - TRIAL ADVOCACY

I.

Template for Officers Notes

Officers are permitted to use notes while they are giving evidence if certain legal requirements
are met. The legal requirements are not discussed in this document, however, the questions that
are necessary to establish the legal requirements have been produced below and the Q and A
sequence is underlined. This process is called qualifying the notes. Normally, counsel will
establish some basic information about the officer and why he or she is a witness in the
proceedings before qualifying the officers notes. The following is a sample short examination
that includes the qualifying of notes.
Q
A.

What was your assignment on July 5th, 2001??

I was conducting surveillance on the Chateau Guy Liquor Store.

Q.
A.

What was your involvement with Chateau Guy Liquor stores and Dan Jones on that day?
I issued a summons to the store and to Mr. Jones for a liquor offence.

Q.
A.

When did you begin your investigation on July 5th, 2001?

May I refer to my notes? [This is one way that you are led to qualifying notes below]

OR if the Office does not ask to refer to his or her notes, you may ask:
Q.
A.

Did you make any notes as part of this investigation?

Yes, I did. [This is another way that you can get to qualifying notes below.]

Q.
A.

When did you make those notes?

At the time of the events and shortly thereafter.

Q.
A.

Have you made any addition, deletions or alternations to those notes?

No, I have not.

Q.
A.

Would using your notes assist you in refreshing your memory?

Yes, my notes would assist me to remember some of the details of the investigation.

Q.
A.

Do you have any independent recollection of the events?

Yes, I do.

Crown:

Your Honour, may the officer to refer to her notes for the purpose of refreshing
her memory.

Judge:

Any questions from the defence on this issue?

Defence:

No questions.

Judge:

Yes, the Officer may refer to his notes for the purpose of refreshing her memory.