GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Evidence Act — C-5 15
Solemn affirmation by deponent 15 (1) Where a person who is required or who desires to make an affidavit or deposition in a proceeding or on an occasion on which or concerning a matter respecting which an oath is required or is lawful, whether on the taking of office or otherwise, does not wish to take an oath, the court or judge, or other officer or person qualified to take affidavits or depositions, shall permit the person to make a solemn affirmation in the words following, namely, “I, , do solemnly affirm, etc.”, and that solemn affirmation has the same force and effect as if that person had taken an oath. Effect (2) Any witness whose evidence is admitted or who makes a solemn affirmation under this section or section 14 is liable to indictment and punishment for perjury in all respects as if he had been sworn. R.S., 1985, c. C-5, s. 15; 1994, c. 44, s. 88
Canada Evidence Act — C-5 16
Witness whose capacity is in question 16 (1) If a proposed witness is a person of fourteen years of age or older whose mental capacity is challenged, the court shall, before permitting the person to give evidence, conduct an inquiry to determine (a) whether the person understands the nature of an oath or a solemn affirmation; and (b) whether the person is able to communicate the evidence. Testimony under oath or solemn affirmation (2) A person referred to in subsection (1) who understands the nature of an oath or a solemn affirmation and is able to communicate the evidence shall testify under oath or solemn affirmation. Testimony on promise to tell truth (3) A person referred to in subsection (1) who does not understand the nature of an oath or a solemn affirmation but is able to communicate the evidence may, notwithstanding any provision of any Act requiring an oath or a solemn affirmation, testify on promising to tell the truth. No questions regarding understanding of promise (3.1) A person referred to in subsection (3) shall not be asked any questions regarding their understanding of the nature of the promise to tell the truth for the purpose of determining whether their evidence shall be received by the court. Inability to testify (4) A person referred to in subsection (1) who neither understands the nature of an oath or a solemn affirmation nor is able to communicate the evidence shall not testify. Burden as to capacity of witness (5) A party who challenges the mental capacity of a proposed witness of fourteen years of age or more has the burden of satisfying the court that there is an issue as to the capacity of the proposed witness to testify under an oath or a solemn affirmation. R.S., 1985, c. C-5, s. 16; R.S., 1985, c. 19 (3rd Supp.), s. 18; 1994, c. 44, s. 89; 2005, c. 32, s. 26; 2015, c. 13, s. 53
Canada Evidence Act — C-5 16.1
Person under fourteen years of age 16.1 (1) A person under fourteen years of age is presumed to have the capacity to testify. No oath or solemn affirmation (2) A proposed witness under fourteen years of age shall not take an oath or make a solemn affirmation despite a provision of any Act that requires an oath or a solemn affirmation. Evidence shall be received (3) The evidence of a proposed witness under fourteen years of age shall be received if they are able to understand and respond to questions. Burden as to capacity of witness (4) A party who challenges the capacity of a proposed witness under fourteen years of age has the burden of satisfying the court that there is an issue as to the capacity of the proposed witness to understand and respond to questions. Court inquiry (5) If the court is satisfied that there is an issue as to the capacity of a proposed witness under fourteen years of age to understand and respond to questions, it shall, before permitting them to give evidence, conduct an inquiry to determine whether they are able to understand and respond to questions. Promise to tell truth (6) The court shall, before permitting a proposed witness under fourteen years of age to give evidence, require them to promise to tell the truth. Understanding of promise (7) No proposed witness under fourteen years of age shall be asked any questions regarding their understanding of the nature of the promise to tell the truth for the purpose of determining whether their evidence shall be received by the court. Effect (8) For greater certainty, if the evidence of a witness under fourteen years of age is received by the court, it shall have the same effect as if it were taken under oath. 2005, c. 32, s. 27
Canada Evidence Act — C-5 17
Imperial Acts, etc. 17 Judicial notice shall be taken of all Acts of the Imperial Parliament, of all ordinances made by the Governor in Council, or the lieutenant governor in council of any province or colony that, or some portion of which, now forms or hereafter may form part of Canada, and of all the Acts of the legislature of any such province or colony, whether enacted before or after the passing of the Constitution Act, 1867 . R.S., c. E-10, s. 17
Canada Evidence Act — C-5 18
Acts of Canada 18 Judicial notice shall be taken of all Acts of Parliament, public or private, without being specially pleaded. R.S., c. E-10, s. 18
Canada Evidence Act — C-5 19
Copies by Queen’s Printer 19 Every copy of any Act of Parliament, public or private, published by the Queen’s Printer, is evidence of that Act and of its contents, and every copy purporting to be published by the Queen’s Printer shall be deemed to be so published, unless the contrary is shown. R.S., 1985, c. C-5, s. 19; 2000, c. 5, s. 52
Canada Evidence Act — C-5 20
Imperial proclamations, etc. 20 Imperial proclamations, orders in council, treaties, orders, warrants, licences, certificates, rules, regulations or other Imperial official records, Acts or documents may be proved (a) in the same manner as they may from time to time be provable in any court in England; (b) by the production of a copy of the Canada Gazette , or a volume of the Acts of Parliament purporting to contain a copy of the same or a notice thereof; or (c) by the production of a copy of them purporting to be published by the Queen’s Printer. R.S., 1985, c. C-5, s. 20; 2000, c. 5, s. 53
Canada Evidence Act — C-5 21
Proclamations, etc., of Governor General 21 Evidence of any proclamation, order, regulation or appointment, made or issued by the Governor General or by the Governor in Council, or by or under the authority of any minister or head of any department of the Government of Canada and evidence of a treaty to which Canada is a party, may be given in all or any of the following ways: (a) by the production of a copy of the Canada Gazette , or a volume of the Acts of Parliament purporting to contain a copy of the treaty, proclamation, order, regulation or appointment, or a notice thereof; (b) by the production of a copy of the proclamation, order, regulation or appointment, purporting to be published by the Queen’s Printer; (c) by the production of a copy of the treaty purporting to be published by the Queen’s Printer; (d) by the production, in the case of any proclamation, order, regulation or appointment made or issued by the Governor General or by the Governor in Council, of a copy or extract purporting to be certified to be true by the clerk or assistant or acting clerk of the Queen’s Privy Council for Canada; and (e) by the production, in the case of any order, regulation or appointment made or issued by or under the authority of any minister or head of a department of the Government of Canada, of a copy or extract purporting to be certified to be true by the minister, by his deputy or acting deputy, or by the secretary or acting secretary of the department over which he presides. R.S., 1985, c. C-5, s. 21; 2000, c. 5, s. 54
Canada Evidence Act — C-5 22
Proclamations, etc., of lieutenant governor 22 (1) Evidence of any proclamation, order, regulation or appointment made or issued by a lieutenant governor or lieutenant governor in council of any province, or by or under the authority of any member of the executive council, being the head of any department of the government of the province, may be given in all or any of the following ways: (a) by the production of a copy of the official gazette for the province purporting to contain a copy of the proclamation, order, regulation or appointment, or a notice thereof; (b) by the production of a copy of the proclamation, order, regulation or appointment purporting to be published by the government or Queen’s Printer for the province; and (c) by the production of a copy or extract of the proclamation, order, regulation or appointment purporting to be certified to be true by the clerk or assistant or acting clerk of the executive council, by the head of any department of the government of a province, or by his deputy or acting deputy, as the case may be. Territories (2) Evidence of any proclamation, order, regulation or appointment made by the Lieutenant Governor or Lieutenant Governor in Council of the Northwest Territories, as constituted prior to September 1, 1905, or by the Legislature of Yukon, of the Northwest Territories or for Nunavut, may be given by the production of a copy of the Canada Gazette purporting to contain a copy of the proclamation, order, regulation or appointment, or a notice of it. R.S., 1985, c. C-5, s. 22; 1993, c. 28, s. 78; 2000, c. 5, s. 55; 2002, c. 7, s. 96; 2014, c. 2, s. 5
Canada Evidence Act — C-5 23
Evidence of judicial proceedings, etc. 23 (1) Evidence of any proceeding or record whatever of, in or before any court in Great Britain, the Supreme Court, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, any court in a province, any court in a British colony or possession or any court of record of the United States, of a state of the United States or of any other foreign country, or before any justice of the peace or coroner in a province, may be given in any action or proceeding by an exemplification or certified copy of the proceeding or record, purporting to be under the seal of the court or under the hand or seal of the justice, coroner or court stenographer, as the case may be, without any proof of the authenticity of the seal or of the signature of the justice, coroner or court stenographer or other proof whatever. Certificate where court has no seal (2) Where any court, justice or coroner or court stenographer referred to in subsection (1) has no seal, or so certifies, the evidence may be given by a copy purporting to be certified under the signature of a judge or presiding provincial court judge or of the justice or coroner or court stenographer, without any proof of the authenticity of the signature or other proof whatever. R.S., 1985, c. C-5, s. 23; R.S., 1985, c. 27 (1st Supp.), s. 203; 1993, c. 34, s. 15; 1997, c. 18, s. 117; 2002, c. 8, s. 118
Canada Evidence Act — C-5 24
Certified copies 24 In every case in which the original record could be admitted in evidence, (a) a copy of any official or public document of Canada or of any province, purporting to be certified under the hand of the proper officer or person in whose custody the official or public document is placed, or (b) a copy of a document, by-law, rule, regulation or proceeding, or a copy of any entry in any register or other book of any municipal or other corporation, created by charter or Act of Parliament or the legislature of any province, purporting to be certified under the seal of the corporation, and the hand of the presiding officer, clerk or secretary thereof, is admissible in evidence without proof of the seal of the corporation, or of the signature or official character of the person or persons appearing to have signed it, and without further proof thereof. R.S., c. E-10, s. 24
Canada Evidence Act — C-5 25
Books and documents 25 Where a book or other document is of so public a nature as to be admissible in evidence on its mere production from the proper custody, and no other Act exists that renders its contents provable by means of a copy, a copy thereof or extract therefrom is admissible in evidence in any court of justice or before a person having, by law or by consent of parties, authority to hear, receive and examine evidence, if it is proved that it is a copy or extract purporting to be certified to be true by the officer to whose custody the original has been entrusted. R.S., c. E-10, s. 25
Canada Evidence Act — C-5 27
Notarial acts in Quebec 27 Any document purporting to be a copy of a notarial act or instrument made, filed or registered in the Province of Quebec, and to be certified by a notary or prothonotary to be a true copy of the original in his possession as such notary or prothonotary, shall be admitted in evidence in the place and stead of the original and has the same force and effect as the original would have if produced and proved, but it may be proved in rebuttal that there is no original, that the copy is not a true copy of the original in some material particular or that the original is not an instrument of such nature as may, by the law of the Province of Quebec, be taken before a notary or be filed, enrolled or registered by a notary in that Province. R.S., c. E-10, s. 27
Canada Evidence Act — C-5 28
Notice of production of book or document 28 (1) No copy of any book or other document shall be admitted in evidence, under the authority of section 23, 24, 25, 26 or 27, on any trial, unless the party intending to produce the copy has before the trial given to the party against whom it is intended to be produced reasonable notice of that intention. Not less than 7 days (2) The reasonableness of the notice referred to in subsection (1) shall be determined by the court, judge or other person presiding, but the notice shall not in any case be less than seven days. R.S., c. E-10, s. 28
Canada Evidence Act — C-5 29
ks or records, and section 490 of the Criminal Code does not apply in respect of the copies of those books or records obtained under a warrant referred to in this section. Computation of time (8) Holidays shall be excluded from the computation of time under this section. Definitions (9) In this section, court means the court, judge, arbitrator or person before whom a legal proceeding is held or taken; ( tribunal ) financial institution means the Bank of Canada, the Business Development Bank of Canada and any institution that accepts in Canada deposits of money from its members or the public, and includes a branch, agency or office of any of those Banks or institutions; ( institution financière ) legal proceeding means any civil or criminal proceeding or inquiry in which evidence is or may be given, and includes an arbitration. ( procédure judiciaire ) R.S., 1985, c. C-5, s. 29; 1994, c. 44, s. 90; 1995, c. 28, s. 47; 1999, c. 28, s. 149
Canada Evidence Act — C-5
court means the court, judge, arbitrator or person before whom a legal proceeding is held or taken; ( tribunal )
Canada Evidence Act — C-5
financial institution means the Bank of Canada, the Business Development Bank of Canada and any institution that accepts in Canada deposits of money from its members or the public, and includes a branch, agency or office of any of those Banks or institutions; ( institution financière )
Canada Evidence Act — C-5
legal proceeding means any civil or criminal proceeding or inquiry in which evidence is or may be given, and includes an arbitration. ( procédure judiciaire )
Canada Evidence Act — C-5
business means any business, profession, trade, calling, manufacture or undertaking of any kind carried on in Canada or elsewhere whether for profit or otherwise, including any activity or operation carried on or performed in Canada or elsewhere by any government, by any department, branch, board, commission or agency of any government, by any court or other tribunal or by any other body or authority performing a function of government; ( affaires )
Canada Evidence Act — C-5
copy and photographic film , in relation to any record, includes a print, whether enlarged or not, from a photographic film of the record, and photographic film includes a photographic plate, microphotographic film or photostatic negative; ( copie et pellicule photographique )
Canada Evidence Act — C-5
legal proceeding means any civil or criminal proceeding or inquiry in which evidence is or may be given, and includes an arbitration; ( procédure judiciaire )
Canada Evidence Act — C-5
record includes the whole or any part of any book, document, paper, card, tape or other thing on or in which information is written, recorded, stored or reproduced, and, except for the purposes of subsections (3) and (4), any copy or transcript admitted in evidence under this section pursuant to subsection (3) or (4). ( pièce )
Canada Evidence Act — C-5 31
Definitions 31 (1) In this section, corporation means any bank, including the Bank of Canada and the Business Development Bank of Canada, any authorized foreign bank within the meaning of section 2 of the Bank Act and each of the following carrying on business in Canada, namely, every railway, express, telegraph and telephone company (except a street railway and tramway company), insurance company or society, trust company and loan company; ( personne morale ) government means the government of Canada or of any province and includes any department, commission, board or branch of any such government; ( gouvernement ) photographic film includes any photographic plate, microphotographic film and photostatic negative. ( pellicule photographique ) When print admissible in evidence (2) A print, whether enlarged or not, from any photographic film of (a) an entry in any book or record kept by any government or corporation and destroyed, lost or delivered to a customer after the film was taken, (b) any bill of exchange, promissory note, cheque, receipt, instrument or document held by any government or corporation and destroyed, lost or delivered to a customer after the film was taken, or (c) any record, document, plan, book or paper belonging to or deposited with any government or corporation, is admissible in evidence in all cases in which and for all purposes for which the object photographed would have been admitted on proof that (d) while the book, record, bill of exchange, promissory note, cheque, receipt, instrument or document, plan, book or paper was in the custody or control of the government or corporation, the photographic film was taken thereof in order to keep a permanent record thereof, and (e) the object photographed was subsequently destroyed by or in the presence of one or more of the employees of the government or corporation, or was lost or was delivered to a customer. Evidence of compliance with conditions (3) Evidence of compliance with the conditions prescribed by this section may be given by any one or more of the employees of the government or corporation, having knowledge of the taking of the photographic film, of the destruction, loss or delivery to a customer, or of the making of the print, as the case may be, either orally or by affidavit sworn in any part of Canada before any notary public or commissioner for oaths. Proof by notarial copy (4) Unless the court otherwise orders, a notarial copy of an affidavit under subsection (3) is admissible in evidence in lieu of the original affidavit. R.S., 1985, c. C-5, s. 31; 1992, c. 1, s. 142; 1995, c. 28, s. 47; 1999, c. 28, s. 150
Canada Evidence Act — C-5
corporation means any bank, including the Bank of Canada and the Business Development Bank of Canada, any authorized foreign bank within the meaning of section 2 of the Bank Act and each of the following carrying on business in Canada, namely, every railway, express, telegraph and telephone company (except a street railway and tramway company), insurance company or society, trust company and loan company; ( personne morale )
Canada Evidence Act — C-5
government means the government of Canada or of any province and includes any department, commission, board or branch of any such government; ( gouvernement )
Canada Evidence Act — C-5
photographic film includes any photographic plate, microphotographic film and photostatic negative. ( pellicule photographique )
Canada Evidence Act — C-5 31.1
Authentication of electronic documents 31.1 Any person seeking to admit an electronic document as evidence has the burden of proving its authenticity by evidence capable of supporting a finding that the electronic document is that which it is purported to be. 2000, c. 5, s. 56
Canada Evidence Act — C-5 31.2
Application of best evidence rule — electronic documents 31.2 (1) The best evidence rule in respect of an electronic document is satisfied (a) on proof of the integrity of the electronic documents system by or in which the electronic document was recorded or stored; or (b) if an evidentiary presumption established under section 31.4 applies. Printouts (2) Despite subsection (1), in the absence of evidence to the contrary, an electronic document in the form of a printout satisfies the best evidence rule if the printout has been manifestly or consistently acted on, relied on or used as a record of the information recorded or stored in the printout. 2000, c. 5, s. 56
Canada Evidence Act — C-5 31.3
Presumption of integrity 31.3 For the purposes of subsection 31.2(1), in the absence of evidence to the contrary, the integrity of an electronic documents system by or in which an electronic document is recorded or stored is proven (a) by evidence capable of supporting a finding that at all material times the computer system or other similar device used by the electronic documents system was operating properly or, if it was not, the fact of its not operating properly did not affect the integrity of the electronic document and there are no other reasonable grounds to doubt the integrity of the electronic documents system; (b) if it is established that the electronic document was recorded or stored by a party who is adverse in interest to the party seeking to introduce it; or (c) if it is established that the electronic document was recorded or stored in the usual and ordinary course of business by a person who is not a party and who did not record or store it under the control of the party seeking to introduce it. 2000, c. 5, s. 56
Canada Evidence Act — C-5 31.4
Presumptions regarding secure electronic signatures 31.4 The Governor in Council may make regulations establishing evidentiary presumptions in relation to electronic documents signed with secure electronic signatures, including regulations respecting (a) the association of secure electronic signatures with persons; and (b) the integrity of information contained in electronic documents signed with secure electronic signatures. 2000, c. 5, s. 56
Canada Evidence Act — C-5 31.5
Standards may be considered 31.5 For the purpose of determining under any rule of law whether an electronic document is admissible, evidence may be presented in respect of any standard, procedure, usage or practice concerning the manner in which electronic documents are to be recorded or stored, having regard to the type of business, enterprise or endeavour that used, recorded or stored the electronic document and the nature and purpose of the electronic document. 2000, c. 5, s. 56
Canada Evidence Act — C-5 31.6
Proof by affidavit 31.6 (1) The matters referred to in subsection 31.2(2) and sections 31.3 and 31.5 and in regulations made under section 31.4 may be established by affidavit. Cross-examination (2) A party may cross-examine a deponent of an affidavit referred to in subsection (1) that has been introduced in evidence (a) as of right, if the deponent is an adverse party or is under the control of an adverse party; and (b) with leave of the court, in the case of any other deponent. 2000, c. 5, s. 56
Canada Evidence Act — C-5 31.7
Application 31.7 Sections 31.1 to 31.4 do not affect any rule of law relating to the admissibility of evidence, except the rules relating to authentication and best evidence. 2000, c. 5, s. 56