GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Evidence Act — C-5 31.8
Definitions 31.8 The definitions in this section apply in sections 31.1 to 31.6. computer system means a device that, or a group of interconnected or related devices one or more of which, (a) contains computer programs or other data; and (b) pursuant to computer programs, performs logic and control, and may perform any other function. ( système informatique ) data means representations of information or of concepts, in any form. ( données ) electronic document means data that is recorded or stored on any medium in or by a computer system or other similar device and that can be read or perceived by a person or a computer system or other similar device. It includes a display, printout or other output of that data. ( document électronique ) electronic documents system includes a computer system or other similar device by or in which data is recorded or stored and any procedures related to the recording or storage of electronic documents. ( système d’archivage électronique ) secure electronic signature means a secure electronic signature as defined in subsection 31(1) of the Personal Information Protection and Electronic Documents Act . ( signature électronique sécurisée ) 2000, c. 5, s. 56
Canada Evidence Act — C-5 (a)
computer system means a device that, or a group of interconnected or related devices one or more of which, (a) contains computer programs or other data; and (b) pursuant to computer programs, performs logic and control, and may perform any other function. ( système informatique )
Canada Evidence Act — C-5
data means representations of information or of concepts, in any form. ( données )
Canada Evidence Act — C-5
electronic document means data that is recorded or stored on any medium in or by a computer system or other similar device and that can be read or perceived by a person or a computer system or other similar device. It includes a display, printout or other output of that data. ( document électronique )
Canada Evidence Act — C-5
electronic documents system includes a computer system or other similar device by or in which data is recorded or stored and any procedures related to the recording or storage of electronic documents. ( système d’archivage électronique )
Canada Evidence Act — C-5
secure electronic signature means a secure electronic signature as defined in subsection 31(1) of the Personal Information Protection and Electronic Documents Act . ( signature électronique sécurisée )
Canada Evidence Act — C-5 32
Order signed by Secretary of State 32 (1) An order signed by the Secretary of State of Canada and purporting to be written by command of the Governor General shall be admitted in evidence as the order of the Governor General. Copies published in Canada Gazette (2) All copies of official and other notices, advertisements and documents published in the Canada Gazette are admissible in evidence as proof, in the absence of evidence to the contrary, of the originals and of their contents. R.S., 1985, c. C-5, s. 32; 2000, c. 5, s. 57
Canada Evidence Act — C-5 33
Proof of handwriting of person certifying 33 (1) No proof shall be required of the handwriting or official position of any person certifying, in pursuance of this Act, to the truth of any copy of or extract from any proclamation, order, regulation, appointment, book or other document. Printed or written (2) Any copy or extract referred to in subsection (1) may be in print or in writing, or partly in print and partly in writing. R.S., c. E-10, s. 33
Canada Evidence Act — C-5 34
Attesting witness 34 (1) It is not necessary to prove by the attesting witness any instrument to the validity of which attestation is not requisite. Instrument, how proved (2) Any instrument referred to in subsection (1) may be proved by admission or otherwise as if there had been no attesting witness thereto. R.S., c. E-10, s. 34
Canada Evidence Act — C-5 35
Impounding of forged instrument 35 Where any instrument that has been forged or fraudulently altered is admitted in evidence, the court or the judge or person who admits the instrument may, at the request of any person against whom it is admitted in evidence, direct that the instrument shall be impounded and be kept in the custody of an officer of the court or other proper person for such period and subject to such conditions as to the court, judge or person admitting the instrument seem meet. R.S., c. E-10, s. 35
Canada Evidence Act — C-5 36
Construction 36 This Part shall be deemed to be in addition to and not in derogation of any powers of proving documents given by any existing Act or existing at law. R.S., c. E-10, s. 36
Canada Evidence Act — C-5 36.1
Definition of official 36.1 In sections 37 to 38.43, official has the same meaning as in section 118 of the Criminal Code . 2001, c. 41, s. 43 2024, c. 16, s. 76
Canada Evidence Act — C-5 37
formation, may request from the court having jurisdiction under subsection (2) or (3) an order permitting the introduction into evidence of the material in a form or subject to any conditions fixed by that court, as long as that form and those conditions comply with the order made under subsection (5). Relevant factors (9) For the purpose of subsection (8), the court having jurisdiction under subsection (2) or (3) shall consider all the factors that would be relevant for a determination of admissibility before the court, person or body. R.S., 1985, c. C-5, s. 37; 2001, c. 41, ss. 43, 140; 2002, c. 8, s. 183; 2013, c. 9, s. 17(E)
Canada Evidence Act — C-5 37.1
Appeal to court of appeal 37.1 (1) Subject to subsection (1.1), an appeal lies from a determination under any of subsections 37(4.1) to (6) (a) to the Federal Court of Appeal from a determination of the Federal Court; or (b) to the court of appeal of a province from a determination of a trial division or trial court of a superior court of the province. Limitation — person charged with offence (1.1) A person who is charged with an offence may appeal a determination referred to in subsection (1) that is made in relation to a criminal trial or other criminal proceeding only if they are convicted of the offence. Limitation period for appeal (2) An appeal under this section shall be brought (a) in the case of an appeal permitted under subsection (1.1), after conviction and within the same period in which the accused may appeal from their conviction or any further time that the court referred to in subsection (1) considers appropriate in the circumstances; or (b) in any other case, within 15 days after the day on which the determination appealed from is made or any further time that the court referred to in subsection (1) considers appropriate in the circumstances. Exceptional circumstances (3) Despite subsection (1.1) and paragraph (2)(a), the court referred to in subsection (1) may, on application by the person charged with the offence, permit the appeal to be brought before conviction if the court is satisfied that there are exceptional circumstances that justify doing so. 2001, c. 41, ss. 43, 141 2024, c. 16, s. 77
Canada Evidence Act — C-5 37.2
Limitation periods for appeals to Supreme Court of Canada 37.2 Notwithstanding any other Act of Parliament, (a) an application for leave to appeal to the Supreme Court of Canada from a judgment made under subsection 37.1(1) shall be made within 10 days after the date of the judgment appealed from or within any further time that the court having jurisdiction to grant leave to appeal considers appropriate in the circumstances; and (b) if leave to appeal is granted, the appeal shall be brought in the manner set out in subsection 60(1) of the Supreme Court Act but within the time specified by the court that grants leave. 2001, c. 41, s. 43
Canada Evidence Act — C-5 37.3
Protection of right to a fair trial 37.3 (1) A judge presiding at a criminal trial or other 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 37(4.1) to (6) in relation to that trial or proceeding or any judgment made on appeal of an order made under any of those subsections. 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; 2015, c. 3, s. 14(F)
Canada Evidence Act — C-5 38
Definitions 38 The following definitions apply in this section and in sections 38.01 to 38.15. judge means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice to conduct hearings under section 38.04. ( juge ) participant means a person who, in connection with a proceeding, is required to disclose, or expects to disclose or cause the disclosure of, information. ( participant ) potentially injurious information means information of a type that, if it were disclosed to the public, could injure international relations or national defence or national security. ( renseignements potentiellement préjudiciables ) proceeding means a proceeding before a court, person or body with jurisdiction to compel the production of information, but does not include a federal proceeding , as defined in section 38.2 . ( instance ) prosecutor means an agent of the Attorney General of Canada or of the Attorney General of a province, the Director of Military Prosecutions under the National Defence Act or an individual who acts as a prosecutor in a proceeding. ( poursuivant ) sensitive information means information relating to international relations or national defence or national security that is in the possession of the Government of Canada, whether originating from inside or outside Canada, and is of a type that the Government of Canada is taking measures to safeguard. ( renseignements sensibles ) R.S., 1985, c. C-5, s. 38; 2001, c. 41, ss. 43, 141; 2013, c. 9, s. 18(F) 2024, c. 16, s. 79
Canada Evidence Act — C-5
judge means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice to conduct hearings under section 38.04. ( juge )
Canada Evidence Act — C-5
participant means a person who, in connection with a proceeding, is required to disclose, or expects to disclose or cause the disclosure of, information. ( participant )
Canada Evidence Act — C-5
potentially injurious information means information of a type that, if it were disclosed to the public, could injure international relations or national defence or national security. ( renseignements potentiellement préjudiciables )
Canada Evidence Act — C-5
proceeding means a proceeding before a court, person or body with jurisdiction to compel the production of information, but does not include a federal proceeding , as defined in section 38.2 . ( instance )
Canada Evidence Act — C-5
prosecutor means an agent of the Attorney General of Canada or of the Attorney General of a province, the Director of Military Prosecutions under the National Defence Act or an individual who acts as a prosecutor in a proceeding. ( poursuivant )
Canada Evidence Act — C-5
sensitive information means information relating to international relations or national defence or national security that is in the possession of the Government of Canada, whether originating from inside or outside Canada, and is of a type that the Government of Canada is taking measures to safeguard. ( renseignements sensibles )
Canada Evidence Act — C-5 38.02
Disclosure prohibited 38.02 (1) Subject to subsection 38.01(6), no person shall disclose in connection with a proceeding (a) information about which notice is given under any of subsections 38.01(1) to (4); (b) the fact that notice is given to the Attorney General of Canada under any of subsections 38.01(1) to (4), or to the Attorney General of Canada and the Minister of National Defence under subsection 38.01(5); (c) the fact that an application is made to the Federal Court under section 38.04 or that an appeal or review of an order made under any of subsections 38.06(1) to (3) in connection with the application is instituted; or (d) the fact that an agreement is entered into under section 38.031 or subsection 38.04(6). Entities (1.1) When an entity listed in the schedule, for any purpose listed there in relation to that entity, makes a decision or order that would result in the disclosure of sensitive information or potentially injurious information, the entity shall not disclose the information or cause it to be disclosed until notice of intention to disclose the information has been given to the Attorney General of Canada and a period of 10 days has elapsed after notice was given. 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 38.03 or by agreement under section 38.031 or subsection 38.04(6); or (b) a judge authorizes the disclosure under subsection 38.06(1) or (2) or a court hearing an appeal from, or a review of, the order of the judge authorizes the disclosure, and either the time provided to appeal the order or judgment has expired or no further appeal is available. 2001, c. 41, ss. 43, 141
Canada Evidence Act — C-5 38.03
Authorization by Attorney General of Canada 38.03 (1) The Attorney General of Canada may, at any time and subject to any conditions that he or she considers appropriate, authorize the disclosure of all or part of the information and facts the disclosure of which is prohibited under subsection 38.02(1). Military proceedings (2) In the case of a proceeding under Part III of the National Defence Act , other than a summary hearing as defined in subsection 2(1) of that Act, the Attorney General of Canada may authorize disclosure only with the agreement of the Minister of National Defence. Notice (3) The Attorney General of Canada shall, within 30 days after the day on which they first receive a notice about information under any of subsections 38.01(1) to (4), notify in writing every person who provided notice under section 38.01 about that information of their decision with respect to disclosure of the information. 2001, c. 41, s. 43 2019, c. 15, s. 49 2024, c. 16, s. 80
Canada Evidence Act — C-5 38.031
Disclosure agreement 38.031 (1) The Attorney General of Canada and a person who has given notice under subsection 38.01(1) or (2) and is not required to disclose information but wishes, in connection with a proceeding, to disclose any facts referred to in paragraphs 38.02(1)(b) to (d) or information about which he or she gave the notice, or to cause that disclosure, may, before the person applies to the Federal Court under paragraph 38.04(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 application to Federal Court (2) If an agreement is entered into under subsection (1), the person may not apply to the Federal Court under paragraph 38.04(2)(c) with respect to the information about which he or she gave notice to the Attorney General of Canada under subsection 38.01(1) or (2). 2001, c. 41, ss. 43, 141
Canada Evidence Act — C-5 38.04
f Canada and the person who made the application may enter into an agreement that permits the disclosure of part of the facts referred to in paragraphs 38.02(1)(b) to (d) or part of the information or disclosure of the facts or information subject to conditions; and (b) if an agreement is entered into, the Court’s consideration of the application or any hearing, review or appeal shall be terminated. Termination of Court consideration, hearing, review or appeal (7) Subject to subsection (6), after the Federal Court is seized of an application made under this section or, in the case of an appeal from, or a review of, an order of the judge made under any of subsections 38.06(1) to (3), before the appeal or review is disposed of, 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 Court’s consideration of the application or any hearing, appeal or review shall be terminated in relation to that information, to the extent of the authorization or the withdrawal. 2001, c. 41, ss. 43, 141; 2013, c. 9, s. 19 2019, c. 15, s. 50
Canada Evidence Act — C-5 38.05
Report relating to proceedings 38.05 If he or she receives notice of a hearing under paragraph 38.04(5)(c), a person presiding or designated to preside at the proceeding to which the information relates or, if no person is designated, the person who has the authority to designate a person to preside may, within 10 days after the day on which he or she receives the notice, provide the judge with a report concerning any matter relating to the proceeding that the person considers may be of assistance to the judge. 2001, c. 41, s. 43
Canada Evidence Act — C-5 38.06
Disclosure order 38.06 (1) Unless the judge concludes that the disclosure of the information or facts referred to in subsection 38.02(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 shall, by order, confirm the prohibition of disclosure. When determination takes effect (3.01) 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 (3.1) 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 his or her decision on that evidence. Introduction into evidence (4) A person who wishes to introduce into evidence material the disclosure of which is authorized under subsection (2) but who may not be able to do so in a proceeding by reason of the rules of admissibility that apply in the proceeding may request from a judge an order permitting the introduction into evidence of the material in a form or subject to any conditions fixed by that judge, as long as that form and those conditions comply with the order made under subsection (2). Relevant factors (5) For the purpose of subsection (4), the judge shall consider all the factors that would be relevant for a determination of admissibility in the proceeding. 2001, c. 41, s. 43; 2013, c. 9, s. 20
Canada Evidence Act — C-5 38.07
Notice of order 38.07 The judge may order the Attorney General of Canada to give notice of an order made under any of subsections 38.06(1) to (3) to any person who, in the opinion of the judge, should be notified. 2001, c. 41, s. 43
Canada Evidence Act — C-5 38.08
Automatic review 38.08 If the judge determines that a party to the proceeding whose interests are adversely affected by an order made under any of subsections 38.06(1) to (3) was not given the opportunity to make representations under paragraph 38.04(5)(d), the judge shall refer the order to the Federal Court of Appeal for review. 2001, c. 41, s. 43
Canada Evidence Act — C-5 38.09
Appeal to Federal Court of Appeal 38.09 (1) Subject to subsection (1.1), an order made under any of subsections 38.06(1) to (3) may be appealed to the Federal Court of Appeal. Limitation — person charged with offence (1.1) A person who is charged with an offence may appeal an order referred to in subsection (1) that is made in relation to a criminal trial or other criminal proceeding only if they are convicted of the offence. Limitation period for appeal (2) An appeal under this section shall be brought (a) in the case of an appeal permitted under subsection (1.1), after conviction and within the same period in which the accused may appeal from their conviction or any further time that the Court considers appropriate in the circumstances; or (b) in any other case, within 15 days after the day on which the order is made or any further time that the Court considers appropriate in the circumstances. Exceptional circumstances (3) Despite subsection (1.1) and paragraph (2)(a), the Court may, on application by the person charged with the offence, permit the appeal to be brought before conviction if the Court is satisfied that there are exceptional circumstances that justify doing so. 2001, c. 41, s. 43 2024, c. 16, s. 81
Canada Evidence Act — C-5 38.1
Limitation periods for appeals to Supreme Court of Canada 38.1 Notwithstanding any other Act of Parliament, (a) an application for leave to appeal to the Supreme Court of Canada from a judgment made on appeal shall be made within 15 days after the day on which the 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 shall 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. 2001, c. 41, s. 43 2024, c. 16, s. 82
Canada Evidence Act — C-5 38.11
Special rules — hearing in private 38.11 (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 an order that the hearing be held, or the appeal or review be heard, in private. Special rules — hearing in National Capital Region (1.1) A hearing under subsection 38.04(5) or an appeal or review of an order made under any of subsections 38.06(1) to (3) shall, at the request of either the Attorney General of Canada or, in the case of a proceeding under Part III of the National Defence Act , other than a summary hearing as defined in subsection 2(1) of that Act, the Minister of National Defence, 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 (2) 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 give any person who makes representations under paragraph 38.04(5)(d), and shall give the Attorney General of Canada and, in the case of a proceeding under Part III of the National Defence Act , other than a summary hearing as defined in subsection 2(1) of that Act, the Minister of National Defence, the opportunity to make representations ex parte . Ex parte representations — public hearing (3) If a hearing under subsection 38.04(5) is held, or an appeal or review of an order made under any of subsections 38.06(1) to (3) is heard, in public, any ex parte representations made in that hearing, appeal or review shall be made in private. 2001, c. 41, s. 43; 2013, c. 9, s. 21 2019, c. 15, s. 51