Business Records in Criminal Trials: More Than Just Paperwork

Business records play a significant role in modern criminal prosecutions. Cell phone records, hospital files, banking documents, travel histories, and electronic databases are frequently relied upon as evidence.

Not every document qualifies as a business record. Courts examine how the record was created, why it was created, and whether it was produced in the ordinary course of business.

Some business records are treated as real evidence, particularly where they are generated automatically by computer systems. Others are hearsay and require a recognized exception before they can be admitted for the truth of their contents.

The Canada Evidence Act provides one route to admissibility, while the common law business records exception and the principled approach to hearsay provide additional pathways.

Notice requirements, authentication rules, and best evidence principles may also apply, especially where electronic records are involved.

For defence counsel, the key issues often involve reliability, accuracy, and the purpose for which the records are being tendered. Challenging those assumptions can have a significant impact on the strength of the Crown’s case.