GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Evidence Act — C-5 38.12
Protective order 38.12 (1) The judge conducting a hearing under subsection 38.04(5) or the court hearing an appeal or review of an order made under any of subsections 38.06(1) to (3) may make any order that the judge or the court considers appropriate in the circumstances to protect the confidentiality of any information to which the hearing, appeal or review relates. Court records (2) The court records relating to a hearing that is held, or an appeal or review that is heard, in private or to any ex parte representations are confidential. The judge or the court may order that the court records, or any part of them, relating to a private or public hearing, appeal or review be sealed and kept in a location to which the public has no access. 2001, c. 41, s. 43; 2013, c. 9, s. 22
Canada Evidence Act — C-5 38.14
Protection of right to a fair trial 38.14 (1) The person presiding at a criminal proceeding may make any order that he or she considers appropriate in the circumstances to protect the right of the accused to a fair trial, as long as that order complies with the terms of any order made under any of subsections 38.06(1) to (3) in relation to that proceeding, any judgment made on appeal from, or review of, the order, or any certificate issued under section 38.13. Potential orders (2) The orders that may be made under subsection (1) include, but are not limited to, the following orders: (a) an order dismissing specified counts of the indictment or information, or permitting the indictment or information to proceed only in respect of a lesser or included offence; (b) an order effecting a stay of the proceedings; and (c) an order finding against any party on any issue relating to information the disclosure of which is prohibited. 2001, c. 41, s. 43
Canada Evidence Act — C-5 38.15
Fiat 38.15 (1) If sensitive information or potentially injurious information may be disclosed in connection with a prosecution that is not instituted by the Attorney General of Canada or on his or her behalf, the Attorney General of Canada may issue a fiat and serve the fiat on the prosecutor. Effect of fiat (2) When a fiat is served on a prosecutor, the fiat establishes the exclusive authority of the Attorney General of Canada with respect to the conduct of the prosecution described in the fiat or any related process. Fiat filed in court (3) If a prosecution described in the fiat or any related process is conducted by or on behalf of the Attorney General of Canada, the fiat or a copy of the fiat shall be filed with the court in which the prosecution or process is conducted. Fiat constitutes conclusive proof (4) The fiat or a copy of the fiat (a) is conclusive proof that the prosecution described in the fiat or any related process may be conducted by or on behalf of the Attorney General of Canada; and (b) is admissible in evidence without proof of the signature or official character of the Attorney General of Canada. Military proceedings (5) This section does not apply to a proceeding under Part III of the National Defence Act . 2001, c. 41, s. 43
Canada Evidence Act — C-5 38.16
Regulations 38.16 The Governor in Council may make any regulations that the Governor in Council considers necessary to carry into effect the purposes and provisions of sections 38 to 38.15, including regulations respecting the notices, certificates and the fiat. 2001, c. 41, s. 43
Canada Evidence Act — C-5 38.17
Annual report 38.17 Each year the Attorney General of Canada shall prepare and cause to be laid before each House of Parliament a report for the previous year on the operation of sections 38.13 and 38.15 that includes the number of certificates and fiats issued under sections 38.13 and 38.15, respectively. 2013, c. 9, s. 24
Canada Evidence Act — C-5 38.2
Definitions 38.2 The following definitions apply in this section and in sections 38.21 to 38.45 . federal proceeding means (a) an application for judicial review or an appeal in the Federal Court of a decision of a federal board, commission or other tribunal , as defined in subsection 2(1) of the Federal Courts Act ; (b) an appeal in the Federal Court of Appeal from a decision of the Federal Court in a proceeding referred to in paragraph (a); (c) an application for judicial review or an appeal in the Federal Court of Appeal of a decision of a federal board, commission or other tribunal referred to in paragraph (a); or (d) a proceeding referred to in section 6 or 11 of the Charities Registration (Security Information) Act . It does not include any proceeding in the Federal Court or the Federal Court of Appeal that is in respect of a matter under the Immigration and Refugee Protection Act and does not include a proceeding in which information may be disclosed to either of those courts for a purpose listed in the schedule. ( instance fédérale ) judge means (a) in relation to a federal proceeding in the Federal Court of Appeal, not fewer than three judges of that court, each of whom is either the Chief Justice or a judge designated by the Chief Justice to conduct hearings under section 38.25 , sitting together in an uneven number; and (b) in relation to a federal proceeding in the Federal Court, the Chief Justice of that court or a judge designated by the Chief Justice to conduct hearings under section 38.25 . ( juge ) non-governmental party means a party to a federal proceeding who is neither the Attorney General of Canada nor represented by the Attorney General of Canada. ( partie non gouvernementale ) participant means a person who, in connection with a federal proceeding, is required to disclose, or expects to disclose or cause the disclosure of, information. ( participant ) potentially injurious information has the same meaning as in section 38. ( renseignements potentiellement préjudiciables ) sensitive information has the same meaning as in section 38. ( renseignements sensibles ) special counsel means a person appointed as a special counsel under section 38.34 . ( conseiller juridique spécial ) 2024, c. 16, s. 84
Canada Evidence Act — C-5 (a)
federal proceeding means (a) an application for judicial review or an appeal in the Federal Court of a decision of a federal board, commission or other tribunal , as defined in subsection 2(1) of the Federal Courts Act ; (b) an appeal in the Federal Court of Appeal from a decision of the Federal Court in a proceeding referred to in paragraph (a); (c) an application for judicial review or an appeal in the Federal Court of Appeal of a decision of a federal board, commission or other tribunal referred to in paragraph (a); or (d) a proceeding referred to in section 6 or 11 of the Charities Registration (Security Information) Act . It does not include any proceeding in the Federal Court or the Federal Court of Appeal that is in respect of a matter under the Immigration and Refugee Protection Act and does not include a proceeding in which information may be disclosed to either of those courts for a purpose listed in the schedule. ( instance fédérale )
Canada Evidence Act — C-5 (a)
judge means (a) in relation to a federal proceeding in the Federal Court of Appeal, not fewer than three judges of that court, each of whom is either the Chief Justice or a judge designated by the Chief Justice to conduct hearings under section 38.25 , sitting together in an uneven number; and (b) in relation to a federal proceeding in the Federal Court, the Chief Justice of that court or a judge designated by the Chief Justice to conduct hearings under section 38.25 . ( juge )
Canada Evidence Act — C-5
non-governmental party means a party to a federal proceeding who is neither the Attorney General of Canada nor represented by the Attorney General of Canada. ( partie non gouvernementale )
Canada Evidence Act — C-5
participant means a person who, in connection with a federal proceeding, is required to disclose, or expects to disclose or cause the disclosure of, information. ( participant )
Canada Evidence Act — C-5
potentially injurious information has the same meaning as in section 38. ( renseignements potentiellement préjudiciables )
Canada Evidence Act — C-5
sensitive information has the same meaning as in section 38. ( renseignements sensibles )
Canada Evidence Act — C-5
special counsel means a person appointed as a special counsel under section 38.34 . ( conseiller juridique spécial )
Canada Evidence Act — C-5 38.22
Disclosure prohibited 38.22 (1) Subject to subsection 38.21 (5), it is prohibited for a person to disclose in connection with a federal proceeding (a) information about which notice is given under any of subsections 38.21 (1) to (4); (b) the fact that notice is given to the Attorney General of Canada under any of subsections 38.21 (1) to (4); (c) the fact that a motion is made under section 38.25 or that an appeal of an order made under any of subsections 38.26 (1) to (3) in connection with the motion is instituted; or (d) the fact that an agreement is entered into under section 38.24 or subsection 38.25 (6). Exceptions (2) Disclosure of the information or the facts referred to in subsection (1) is not prohibited if (a) the Attorney General of Canada authorizes the disclosure in writing under section 38.23 or by agreement under section 38.24 or subsection 38.25 (6); or (b) a judge authorizes the disclosure under subsection 38.26 (1) or (2) or a court hearing an appeal from the order of the judge authorizes the disclosure, and either the time provided to appeal the order or the appeal court’s judgment has expired or no further appeal is available. 2024, c. 16, s. 84
Canada Evidence Act — C-5 38.23
Authorization by Attorney General of Canada 38.23 (1) The Attorney General of Canada may, at any time and subject to any conditions that they consider appropriate, authorize the disclosure of all or part of the information and facts the disclosure of which is prohibited under subsection 38.22 (1). Notice (2) The Attorney General of Canada must, within 30 days after the day on which they first receive a notice about information under any of subsections 38.21 (1) to (4), notify in writing every person who provided notice under those subsections about that information of their decision with respect to disclosure of the information. 2024, c. 16, s. 84
Canada Evidence Act — C-5 38.24
Disclosure agreement 38.24 (1) The Attorney General of Canada and a person who has given notice under subsection 38.21 (1) or (2) and is not required to disclose information but wishes, in connection with a federal proceeding, to disclose any facts referred to in paragraphs 38.22 (1)(b) to (d) or information about which the person gave the notice, or to cause that disclosure, may, before the person brings a motion under paragraph 38.25 (2)(c), enter into an agreement that permits the disclosure of part of the facts or information or disclosure of the facts or information subject to conditions. No motion (2) If an agreement is entered into under subsection (1), the person may not bring a motion under paragraph 38.25 (2)(c) with respect to the information about which they gave notice to the Attorney General of Canada under subsection 38.21 (1) or (2). 2024, c. 16, s. 84
Canada Evidence Act — C-5 38.25
an appeal from an order of the judge made under any of subsections 38.26 (1) to (3), before the appeal is disposed of — and if the Attorney General of Canada authorizes the disclosure of all or part of the information or withdraws conditions to which the disclosure is subject, the judge’s consideration of the motion or any hearing or appeal must be terminated in relation to that information, to the extent of the authorization or the withdrawal. 2024, c. 16, s. 84
Canada Evidence Act — C-5 38.26
Disclosure order 38.26 (1) Unless the judge concludes that the disclosure of the information or facts referred to in subsection 38.22 (1) would be injurious to international relations or national defence or national security, the judge may, by order, authorize the disclosure of the information or facts. Disclosure — conditions (2) If the judge concludes that the disclosure of the information or facts would be injurious to international relations or national defence or national security but that the public interest in disclosure outweighs in importance the public interest in non-disclosure, the judge may by order, after considering both the public interest in disclosure and the form of and conditions to disclosure that are most likely to limit any injury to international relations or national defence or national security resulting from disclosure, authorize the disclosure, subject to any conditions that the judge considers appropriate, of all or part of the information or facts, a summary of the information or a written admission of facts relating to the information. Order confirming prohibition (3) If the judge does not authorize disclosure under subsection (1) or (2), the judge must, by order, confirm the prohibition of disclosure. When determination takes effect (4) An order of the judge that authorizes disclosure does not take effect until the time provided or granted to appeal the order has expired or, if the order is appealed, the time provided or granted to appeal a judgment of an appeal court that confirms the order has expired and no further appeal from a judgment that confirms the order is available. Evidence (5) The judge may receive into evidence anything that, in the opinion of the judge, is reliable and appropriate, even if it would not otherwise be admissible under Canadian law, and may base their decision on that evidence. 2024, c. 16, s. 84
Canada Evidence Act — C-5 38.27
Notice of order 38.27 The judge may order the Attorney General of Canada to give notice of an order made under any of subsections 38.26 (1) to (3) to any person who, in the opinion of the judge, should be notified. 2024, c. 16, s. 84
Canada Evidence Act — C-5 38.28
Appeal to Federal Court of Appeal 38.28 (1) An order made by a judge of the Federal Court under any of subsections 38.26 (1) to (3) may be appealed to the Federal Court of Appeal. Limitation period for appeal (2) An appeal must be brought within 15 days after the day on which the order is made or within any further time that the Federal Court of Appeal considers appropriate in the circumstances. 2024, c. 16, s. 84
Canada Evidence Act — C-5 38.29
Limitation periods for appeals to Supreme Court of Canada 38.29 Despite any other Act of Parliament, (a) an application for leave to appeal to the Supreme Court of Canada from an order made under any of subsections 38.26 (1) to (3) by the Federal Court of Appeal, or from a judgment of the Federal Court of Appeal in an appeal of such an order made by the Federal Court, must be made within 15 days after the day on which the order or judgment appealed from is made or within any further time that the Supreme Court of Canada considers appropriate in the circumstances; and (b) if leave to appeal is granted, the appeal must be brought in the manner set out in subsection 60(1) of the Supreme Court Act but within the time specified by the Supreme Court of Canada. 2024, c. 16, s. 84
Canada Evidence Act — C-5 38.3
Special rules — hearing in private 38.3 (1) The judge conducting a hearing under subsection 38.25 (5) or the court hearing an appeal of an order made under any of subsections 38.26 (1) to (3) may make an order that the hearing be held, or the appeal be heard, in private. Special rules — hearing in National Capital Region (2) A hearing under subsection 38.25 (5) or an appeal of an order made under any of subsections 38.26 (1) to (3) must, at the request of the Attorney General of Canada, be held or heard, as the case may be, in the National Capital Region, as described in the schedule to the National Capital Act . Ex parte representations (3) The judge conducting a hearing under subsection 38.25 (5) or the court hearing an appeal of an order made under any of subsections 38.26 (1) to (3) may give any person who makes representations under paragraph 38.25 (5)(f), and must give the Attorney General of Canada, the opportunity to make representations ex parte . Ex parte representations — public hearing (4) If a hearing under subsection 38.25 (5) is held, or an appeal of an order made under any of subsections 38.26 (1) to (3) is heard, in public, any ex parte representations made in that hearing or appeal must be made in private. 2024, c. 16, s. 84
Canada Evidence Act — C-5 38.31
Protective order 38.31 (1) The judge conducting a hearing under subsection 38.25 (5) or the court hearing an appeal of an order made under any of subsections 38.26 (1) to (3) may make any order that the judge or the court considers appropriate in the circumstances to protect the confidentiality of any information to which the hearing or appeal relates. Court records (2) The court records relating to a hearing that is held, or an appeal that is heard, in private or to any ex parte representations are confidential. The judge or the court may order that the court records, or any part of them, relating to a private or public hearing or appeal be sealed and kept in a location to which the public has no access. 2024, c. 16, s. 84
Canada Evidence Act — C-5 38.32
Judge seized 38.32 The judge who hears the motion brought under subsection 38.25 (1) or (2) becomes seized of all matters in the federal proceeding. 2024, c. 16, s. 84
Canada Evidence Act — C-5 38.33
Undisclosed information — federal proceeding 38.33 (1) In considering the merits of the federal proceeding, the judge may receive into evidence, and may base their decision on, any information the disclosure of which is prohibited as a result of the application of sections 38.21 to 38.26 . Representations and private hearing (2) For the purposes of subsection (1), the judge may — or, if the Attorney General of Canada so requests, the judge must — (a) receive ex parte representations; and (b) conduct a hearing in private and in the absence of the non-governmental party and their counsel. Procedure (3) In conducting a hearing under paragraph (2)(b), the judge must (a) deal with all matters as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit; (b) without disclosing the information referred to in subsection (1), ensure that the non-governmental party to the federal proceeding is provided with a summary of the information that enables that party to be reasonably informed of the case; and (c) at the request of the Attorney General of Canada, hold the hearing in the National Capital Region, as described in the schedule to the National Capital Act . Decision (4) The judge may base any decision on the information referred to in subsection (1) even if a summary of that information has not been provided to the non-governmental party. 2024, c. 16, s. 84
Canada Evidence Act — C-5 38.34
Special counsel 38.34 (1) The judge, in consideration of the principles of fairness and natural justice, may appoint a special counsel for the purposes of (a) a motion made under section 38.25 and the federal proceeding as a whole; and (b) any appeal of the motion or of the federal proceeding. List (2) The special counsel may be appointed from the list of persons referred to in subsection 85(1) of the Immigration and Refugee Protection Act . 2024, c. 16, s. 84
Canada Evidence Act — C-5 38.35
Special counsel’s role 38.35 (1) A special counsel’s role is to protect the interests of the non-governmental party when information and other evidence is presented, or representations are made in private and in the absence of the non-governmental party and their counsel. Responsibilities (2) A special counsel may (a) make oral and written representations with respect to the information or other evidence that has been filed with the court but has not been disclosed to the non-governmental party and their counsel; (b) participate in, and cross-examine witnesses who testify during, any part of the proceeding that is held in private and in the absence of the non-governmental party and their counsel; and (c) exercise, with the judge’s authorization, any other powers that are necessary to protect the interests of the non-governmental party. For greater certainty (3) For greater certainty, the special counsel is not a party to the federal proceeding and the relationship between the special counsel and the non-governmental party is not that of lawyer and client. Protection of communications with special counsel (4) However, a communication between the non-governmental party or their counsel and the special counsel that, if the relationship were one of lawyer and client, would be subject to solicitor-client privilege or the professional secrecy of advocates is deemed to be subject to that privilege or professional secrecy. For greater certainty, in respect of that communication, the special counsel is not a compellable witness in any proceeding. 2024, c. 16, s. 84
Canada Evidence Act — C-5 38.36
Immunity 38.36 A special counsel is not personally liable for anything they do or omit to do in good faith under this Act. 2024, c. 16, s. 84
Canada Evidence Act — C-5 38.37
Obligation to provide information 38.37 The Attorney General of Canada must, within a period set by the judge, provide the special counsel with a copy of the information or other evidence that has been filed with the court in relation to the federal proceeding, including any information or other evidence that is not disclosed to the non-governmental party and their counsel. 2024, c. 16, s. 84
Canada Evidence Act — C-5 38.38
Restrictions on communications — special counsel 38.38 (1) After the information or other evidence is received by the special counsel, the special counsel may, during the remainder of the federal proceeding and any appeal in respect of it, communicate with another person about the federal proceeding or the appeal only with the judge’s or appeal court’s authorization and subject to any conditions that the judge or appeal court considers appropriate. Restrictions on communications — other persons (2) If the special counsel is authorized to communicate with a person, the judge or appeal court may prohibit that person from communicating with anyone else about the federal proceeding or appeal during its remainder or may impose conditions with respect to such a communication during that period. 2024, c. 16, s. 84
Canada Evidence Act — C-5 38.39
Disclosure and communication prohibited 38.39 With the exception of communications authorized by a judge or disclosures permitted under section 38.22 , it is prohibited for a person to (a) disclose information or other evidence that is disclosed to them under section 38.37 or 38.38 and that is treated as confidential by the judge; or (b) communicate with another person about the content of any part of a federal proceeding, or an appeal in respect of it, that is heard in private and in the absence of the non-governmental party and their counsel. 2024, c. 16, s. 84
Canada Evidence Act — C-5 38.4
Fairness 38.4 (1) The judge may, if they are of the opinion that they are unable to conduct a fair hearing because the non-governmental party is not reasonably informed of the case, make an order granting an appropriate remedy to the non-governmental party. Potential orders (2) The orders that may be made under subsection (1) include, but are not limited to, the following: (a) an order allowing or dismissing the federal proceeding; and (b) an order finding against any party on any issue relating to information the disclosure of which is prohibited. For greater certainty (3) For greater certainty, a remedy referred to in subsection (1) must not include the disclosure of information ordered not to be disclosed under subsection 38.26 (3) or 38.41 (4). 2024, c. 16, s. 84