R v Mahaney

R. v. Mahaney

[2005] O.J. No. 3840
Ontario Court of Justice — L.E. Chester J. | August 25, 2005

Background

On March 11, 2005, Ryan Mahaney was charged with speeding 110 km/h in an 80 km/h zone. The arresting officer was Ontario Provincial Police Constable Hoogerdyk. When the case went to trial before Justice of the Peace Ballam, the Crown ran into a problem: the officer wasn't allowed to refer to his notes to refresh his memory while testifying.

The issue was that Constable Hoogerdyk had used a pre-printed template that he had created himself to complete his notes about the incident. The Justice of the Peace ruled that this violated proper procedure and dismissed the charge, finding the Crown hadn't proven its case beyond a reasonable doubt. The City of Kawartha Lakes appealed this dismissal.

Issues

1. Whether a police officer can use a pre-printed template he created himself to refresh his memory when testifying about a speeding offence

The Template Evidence Rule

Justice Chester established clear rules for when police officers can use notes, notebooks, or completed templates to refresh their memory at trial. The court found that such materials are not evidence themselves — they're simply memory aids to help officers recall pertinent details like times, places, and sequences of events.

The key requirements are: (1) the notes must be made at the time of the incident or shortly after; (2) there can be no changes, additions, alterations or deletions since the notes were originally made; and (3) the officer must have an independent recollection and need the notes to refresh his memory. Justice Chester found it made no difference whether the officer used his own pre-printed template or filled in official blanks, as long as no changes were made after it was attached to the ticket.

In this case, Constable Hoogerdyk had developed his template in response to complaints about his handwriting, and he filled it out at the time of writing the offence notice. Since all three conditions were met, the Justice of the Peace had erred in not allowing the officer to use his template.

Key Takeaway

Police officers can legally use self-created templates or forms to refresh their memory at trial, as long as the notes were made contemporaneously and haven't been altered.

For defendants, this means you can't automatically challenge an officer's testimony just because they're using a pre-printed form or template instead of traditional handwritten notes. The focus should be on whether the notes were made at the time and whether they've been changed since.