Judicial Notice

Judicial Notice is a legal doctrine (rule) wherein the court can recognize and accept as ‘fact’ the existence of certain facts without the parties having to call evidence to establish that proposed facts. This means that the Supreme Court of Canada has stated Aboriginal People in this country have been disadvantaged in Canadian Society since the time of contact. Ordinarily evidence must be called to prove alleged facts by way of testimony or tangible evidence. The reason for this rule is to avoid burdening the legal system by having to call evidence to establish facts that the Court (here the Supreme Court which binds all the other courts in Canada), states constitutes common knowledge and therefore proof by the parties is not required. For the Aboriginal Court Worker, you start from the point that the court already accepting that the disadvantage of Aboriginal Peoples in Canada is a given fact.