La connaissance judiciaire d’un fait – développement jurisprudentielle intéressant.
R. v. MacIsaac, 2015 ONCA 587:
[50] This was not a case in which judicial notice could be taken of the disputed facts. A court can take judicial notice of a fact only if it is: (1) so notorious or generally accepted that no reasonable person would disagree; or (2) capable of immediate demonstration by reference to sources of indisputable accuracy (R. v. Find, 2001 SCC 32, [2001] 1 S.C.R. 863, at para. 48, citing R. v. Potts (1982), 66 C.C.C. (2d) 219 (Ont. C.A.)). Due to concerns about possible prejudice to the accused, the Supreme Court has set strict limits on the use of judicial notice to determine adjudicative facts in criminal trials: R. v. Spence, 2005 SCC 71, [2005] 3 S.C.R. 458, at paras. 61-62. Those concerns have been echoed more recently by this court: R. v. Perkins, 2007 ONCA 585, 223 C.C.C. (3d) 289, at paras. 37-42.