The judge presiding over a child tax fraud trial in Chatham is deciding what evidence will be admissible.
Michael Hulme, 39, of Bothwell, is charged with four offences under the Income Tax Act after allegedly claiming 43 children under his care and scamming the Canada Revenue Agency (CRA) for $61,000 in benefits in 2014 and 2015.
He was in Chatham court on Tuesday for the third day of his trial that started August 8, 2019. Justice Lucy Glenn will have a decision on the evidence on Wednesday as the trial is expected to continue.
A witness who works as a CRA benefits examination officer took the stand on Tuesday and told the court she found some discrepancies in the birth dates of 26 children in March of 2015. Barbara Lynne McCrea said Hulme returned a message she left in April 2015 and provided his name, social insurance number, address, and date of birth. McCrea wanted proof of citizenship, proof of care and birth certificates for the children and when she didn't get the information in May, she said she removed the children from the claim.
"I didn't get the documents and ended the benefits," she said. "Twenty-six children is the most I've had anybody apply for."
However, defence lawyer Ken Marley is raising doubt as to who was on the phone that day. Marley asserted that McCrea didn't independently confirm, double-check or investigate Hulme's online CRA "My Account" information for accuracy and implied it could have been fraudulent. He told the justice that hearsay from an unknown male on the phone should not be admissible in court because the man on the phone may not have been the accused.
"The crown wants you to take a leap of faith by assuming Michael Hulme is the person on the phone," Marley said. "[The justice] can't say beyond a reasonable doubt Michael Hulme was the person on the phone."
Marley said his client wasn't notified of the consequences by McCrea on the phone and his answers should not be admissible.
Crown prosecutor Paul Bailey insisted McCrea did not influence the prosecution.
"All evidence points to Mister Hulme on the phone," he said.
A criminal investigation started in September 2015.
More witnesses are coming and the justice is also weighing if more exhibits showing government payments by direct deposit will be allowed as evidence.
The court previously heard that Hulme lives with developmental and emotional disorders and has had issues with substance abuse.