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Evidence - Media Evidence. Poyton v. Office of the Independent Police Review Director
In Poyton v. Office of the Independent Police Review Director (Div Ct, 2022) the Divisional Court briefly states the judicial review record doctrine in Keeprite in relation to newspaper articles:[5] The Applicant seeks to adduce two newspaper articles (one from the BBC and the other from CTV news. Both articles address the many unsolved murders of Indigenous women, and the characterization of those murders as a “genocide”. No proper basis has been offered to justify adding these materials to the record when they were not before the decision-maker below: Re Keeprite Workers’ Independent Union and Keeprite Products Ltd. (1980), 1980 CanLII 1877 (ON CA), 29 OR (2d) 513 (CA). An allegation of systemic racism was not made to the respondent. Further, these articles are not admissible as evidence in this court as evidence of the truth of their contents in any event. In most circumstances, including this one, newspaper articles are classic hearsay evidence and are not admissible without an evidentiary foundation such as admissible expert evidence in which the truth of the articles is adopted.
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