Canada Evidence Act 1985 (full text)

Canada Evidence Act

Canada Evidence Act was first passed in 1893. It is a Federal Act of the Parliament of Canada regulating the rules of evidence in court proceedings. The act is not exhaustive, as rules of evidence are largely set by common law. The Act has 54 sections and a schedule.

See also: Constitution Act 1982 (and other Canadian Laws)

Short Title

1. Short title

Part I – Canada Evidence Act

Application

2. Application

Witnesses

3. Interest or crime

4. Accused and spouse

5. Incriminating questions

6. Evidence of person with physical disability

6.1 Identification of accused

7. Expert witnesses

8. Handwriting comparison

9. Adverse witnesses

10. Cross-examination as to previous statements

11. Cross-examination as to previous oral statements

12. Examination as to previous convictions

Oaths and Solemn Affirmations

13. Who may administer oaths

14. Solemn affirmation by witness instead of oath

15. Solemn affirmation by deponent

16. Witness whose capacity is in question

16.1 Person under fourteen years of age

Judicial Notice

17. Imperial Acts, etc.

18. Acts of Canada

Documentary Evidence

19. Copies by Queen’s Printer

20. Imperial proclamations, etc.

21. Proclamations, etc., of Governor General

22. Proclamations, etc., of lieutenant governor

23. Evidence of judicial proceedings, etc.

24. Certified copies

25. Books and documents

26. Books kept in offices under Government of Canada

27. Notarial acts in Quebec

28. Notice of production of book or document

29. Copies of entries

30. Business records to be admitted in evidence

31. Definitions

31.1 Authentication of electronic documents

31.2 Application of best evidence rule — electronic documents

31.3 Presumption of integrity

31.4 Presumptions regarding secure electronic signatures

31.5 Standards may be considered

31.6 Proof by affidavit

31.7 Application

31.8 Definitions

32. Order signed by Secretary of State

33. Proof of handwriting of person certifying

34. Attesting witness

35. Impounding of forged instrument

36. Construction

36.1 Definition of official

Specified Public Interest

37. Objection to disclosure of information

37.1 Appeal to court of appeal

37.2 Limitation periods for appeals to Supreme Court of Canada

37.21  [Repealed, 2004, c. 12, s. 18]

37.3 Protection of right to a fair trial

International Relations and National Defence and National Security

38. Definitions

38.01 Notice to Attorney General of Canada

38.02 Disclosure prohibited

38.03 Authorization by Attorney General of Canada

38.031 Disclosure agreement

38.04 Application to Federal Court — Attorney General of Canada

38.05 Report relating to proceedings

38.06 Disclosure order

38.07 Notice of order

38.08 Automatic review

38.09 Appeal to Federal Court of Appeal

38.1 Limitation periods for appeals to Supreme Court of Canada

38.11 Special rules — hearing in private

38.12 Protective order

38.13 Certificate of Attorney General of Canada

38.131 Application for review of certificate

38.14 Protection of right to a fair trial

38.15 Fiat

38.16 Regulations

38.17 Annual report

Confidences of the Queen’s Privy Council for Canada

39. Objection relating to a confidence of the Queen’s Privy Council

Journalistic Sources

39.1 Definitions

Provincial Laws of Evidence

40. How applicable

Statutory Declarations

41. Solemn declaration

Insurance Proofs

42. Affidavits, etc.

Part II – Canada Evidence Act

Application

43. Foreign courts

Interpretation

44. Definitions

45. Construction

Procedure

46. Order for examination of witness in Canada

47. Enforcement of the order

48. Expenses and conduct money

49. Administering oath

50. Right of refusal to answer or produce document

51. Rules of court

Part III – Canada Evidence Act

Application

52. Application of this Part

Oaths and Solemn Affirmations

53. Oaths taken abroad

Documentary Evidence

54. Documents to be admitted in evidence

SCHEDULE – Canada Evidence Act

Designated Entities