The Documents in Possession Rule
The documents in possession rule provides that the contents of a document found in the accused’s possession may be used as circumstantial evidence of the accused’s involvement in the transaction to which the documents relate. R. v. Black , 2014 BCCA 192 (CanLII) at para. 38 . In R. v. Turlon (1989), 49 C.C.C. (3d) 186 (Ont. C.A.) at 190 , the Ontario Court of Appeal discussed the roots of the rule, citing Phipson on Evidence , 13 th ed. (1982) para. 21 − 09: Documents which are, or have been, in the possession of a party will, as we have seen, generally be admissible against him as original (circumstantial) evidence to show his knowledge of their contents, his connection with, or complicity in, the transactions to which they relate, or his state of mind with reference thereto. They will further be receivable against him as admissions (i.e. exceptions to the hearsay rule) to prove the truth of their contents if he has in any way recognized, adopted or acted upon them. [Emp...