a correctional facility. So, likely at most, the study could
contribute less than ten to the figure of 97.
— In the first Abbey trial, Totten admitted that none of the
participants in the Understanding Serious Youth Violence
study had been convicted of a homicide[.]
— In the Youth Literacy and Violence Prevention Research
Report, 84 participants with an average age of 17. 7 years
self-identified as gang members. None of the 84 was said to
have been convicted of a homicide.
 In summary, only in the two studies When Children Kill and
The Gays in the Gang did Totten specify that some of the gang
members had committed a homicide. But the number who did was
relatively small, less than ten in each study. The total of less than
20 falls far short of the 97 Totten claimed in his evidence.
 Abbey filed Statistics Canada data as part of his fresh evidence application to support his argument that the figure of 97 is
false. The Crown objected to the admissibility of these data on the
ground that they were simply appended to an affidavit of an
assistant to counsel on appeal, Mr. Harris, and thus were hearsay.
 In my opinion, the Statistics Canada data are admissible
in the form in which they were filed under the common law
public documents exception to the rule against hearsay. See R. v.
P. (A.),  O.J. No. 2986, 109 C.C.C. (3d) 385 (C.A.). 8
8 Under this exception, four requirements must be met for the document to
be admissible without proof:
— The document must be made by a public official;
— The public official must have made the document in discharging a public duty or function;
— The document must have been made with the intention that it
be a permanent record; and
— The document must be available for public inspection.
The rationale for the exception is that we presume the accuracy of the
public document because we assume public officials will act in accordance
with their duty. Also requiring public officials to testify routinely about
public documents would cause considerable inconvenience.
The Statistics Canada data meet the four requirements for the public documents exception to the rule against hearsay. Section 3(e) of the Statistics Act,
R.S.C. 1985, c. S- 19 requires Statistics Canada to “promote and develop integrated social and economic statistics pertaining to the whole of Canada and to
each of the provinces”. Section 26 requires the courts to furnish criminal statistics to the government. Presumably these statistics create a permanent record. And the statistics are publicly accessible on the Internet.