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van der Steen v. The Queen 2016 TCC 205 (Sommerfeldt) — in a long break between hearing dates, a witness may not refer to a transcript to refresh her memory before cross-examination

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See paras. 22-31 under the heading “C. Use of Transcript to Refresh Memory”.  The goal of preventing the witness from reading her evidence is the appearance that she will adjust her evidence on cross-examination to conform to her earlier testimony.  The witness was the CRA auditor, who could refresh her memory from her own audit notes and working paper.  There was no obvious need for her to examine the hearing transcript.  If she needed to refresh her memory during cross-examination, the Court could consider access to the transcript then.  

van der Steen v. The Queen 2016 TCC 205 (Sommerfeldt)

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