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Note: Specimen jury instructions serve as a template that trial judges must adapt to the particular circumstances of each trial, not simply read out in whole. They are not designed to be delivered "as-is." More information about the use of specimen instructions is found in the Preface and A Note to Users, which you can find here.
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10.1 Evidence Defined

(Last revised June 2012)

[1]              You must consider only the evidence presented in the courtroom. Evidence is the testimony of witnesses and things entered as exhibits. It may also consist of admissions.

[2]              The evidence includes what each witness says in response to questions asked. Only the answers are evidence. The questions are not evidence unless the witness agrees that what is asked is correct.

[3]              The Crown and the defence (or, (NOA)) have agreed about certain facts. This is called an “admission”[1] . You must accept those admitted facts without further proof.

[4]              The indictment that you heard read out when we started this case is not evidence. What the lawyers and I say when we speak to you during the trial is not evidence.

[5]              When you go to the jury room to decide this case, the exhibits will go with you.[2] Consider them along with the rest of the evidence.[3]

[1] When formal admissions are made under Code, s. 655, paragraph [3], or a modification of Mid-Trial 7.1 should be given. Where there are no formal admissions, para. [3] should be omitted.

This instruction applies only to formal admissions of fact made under Code s. 655. It does not apply to informal agreements, as for example, that certain witnesses need not be called to establish continuity, or that certain witnesses, if called, would give certain evidence. Jurors should be instructed specifically on the effect of any informal agreements made by counsel.

It is helpful to list for the jury the admissions and refer to them by exhibit number.

[2] Where exhibits do not go to the jury room (e.g., narcotics), or will not be sent at the same time (e.g., guns and ammunition), this instruction should be modified.

Specific instruction may be required with respect to certain exhibits, as for example, audiotapes and videotapes. See Mid-Trial 7.15 and 7.16, and Finals 11.25 and 11.26. For certain exhibits, the jury should be advised that it should only handle the items with gloves.

[3] Not all exhibits are evidence of the truth of their contents (e.g., expert’s report, transcript of video statement, etc.). In those cases, further elaboration of this instruction will be required.