Section 26 Canadian Evidence Act 1985

14 Nov, 2022 Canada 0 Comments 0

OTHER CANADIAN LAWS 1. Short title. 2. Application. 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. 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. 17. Imperial Acts, etc. 18. Acts of Canada. 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. 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of information. 37.1 Appeal to court of appeal. 37.2 Limitation periods for appeals to Supreme Court of Canada. 37.21 [Repealed, 2004, c. 12, s. 18] 37.3 Protection of right to a fair trial. 38.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. 39. Objection relating to a confidence of the Queen’s Privy Council. 39.1 Definitions. 40. How applicable. 41. Solemn declaration. 42. Affidavits, etc. 43. Foreign courts. 44. Definitions. 45. Construction. 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. 52. Application of this Part. 53. Oaths taken abroad. 54. Documents to be admitted in evidence. SCHEDULE – Designated Entities

Section 26 Canadian Evidence Act

Section 26 Canadian Evidence Act 1985 is about Books kept in offices under Government of Canada. It is under Documentary Evidence of Part I of the act. The Evidence Act of Canada is an Act respecting witnesses and evidence.

Books kept in offices under Government of Canada

(1) A copy of any entry in any book kept in any office or department of the Government of Canada, or in any commission, board or other branch in the federal public administration, shall be admitted as evidence of that entry, and of the matters, transactions and accounts therein recorded, if it is proved by the oath or affidavit of an officer of the office or department, commission, board or other branch in the federal public administration that the book was, at the time of the making of the entry, one of the ordinary books kept in the office, department, commission, board or other branch in the federal public administration, that the entry was made in the usual and ordinary course of business of the office, department, commission, board or other branch in the federal public administration and that the copy is a true copy thereof.

Proof of non-issue of licence or document

(2) Where by any Act of Parliament or regulation made under an Act of Parliament provision is made for the issue by a department, commission, board or other branch in the federal public administration of a licence requisite to the doing or having of any act or thing or for the issue of any other document, an affidavit of an officer of the department, commission, board or other branch in the federal public administration, sworn before any commissioner or other person authorized to take affidavits, setting out that he or she has charge of the appropriate records and that after careful examination and search of those records he or she has been unable to find in any given case that any such licence or other document has been issued, shall be admitted in evidence as proof, in the absence of evidence to the contrary, that in that case no licence or other document has been issued.

Proof of mailing departmental matter

(3) Where by any Act of Parliament or regulation made under an Act of Parliament provision is made for sending by mail any request for information, notice or demand by a department or other branch in the federal public administration, an affidavit of an officer of the department or other branch in the federal public administration, sworn before any commissioner or other person authorized to take affidavits, setting out that he or she has charge of the appropriate records, that he or she has a knowledge of the facts in the particular case, that the request, notice or demand was sent by registered letter on a named date to the person or firm to whom it was addressed (indicating that address) and that he or she identifies as exhibits attached to the affidavit the post office certificate of registration of the letter and a true copy of the request, notice or demand, shall, on production and proof of the post office receipt for the delivery of the registered letter to the addressee, be admitted in evidence as proof, in the absence of evidence to the contrary, of the sending and of the request, notice or demand.

Proof of official character

(4) Where proof is offered by affidavit pursuant to this section, it is not necessary to prove the official character of the person making the affidavit if that information is set out in the body of the affidavit.

See also:

– Section 25 Canadian Evidence Act (Books and documents)

– Section 24 Canadian Evidence Act (Certified copies)