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Home » Canada » Section 37 Canadian Evidence Act 1985

Section 37 Canadian Evidence Act 1985

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of information. 37.1 Appeal to court of appeal. 37.2 Limitation periods for appeals to Supreme Court of Canada. 37.21 [Repealed, 2004, c. 12, s. 18] 37.3 Protection of right to a fair trial. 38.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 37 Canadian Evidence Act

Section 37 Canadian Evidence Act 1985 is about Objection to disclosure of information. It is under Specified Public Interest of Part I of the act. The Evidence Act of Canada is an Act respecting witnesses and evidence.

Objection to disclosure of information

(1) Subject to sections 38 to 38.16, a Minister of the Crown in right of Canada or other official may object to the disclosure of information before a court, person or body with jurisdiction to compel the production of information by certifying orally or in writing to the court, person or body that the information should not be disclosed on the grounds of a specified public interest.

Obligation of court, person or body

(1.1) If an objection is made under subsection (1), the court, person or body shall ensure that the information is not disclosed other than in accordance with this Act.

See also  Section 53 Canadian Evidence Act 1985

Objection made to superior court

(2) If an objection to the disclosure of information is made before a superior court, that court may determine the objection.

Objection not made to superior court

(3) If an objection to the disclosure of information is made before a court, person or body other than a superior court, the objection may be determined, on application, by

(a) the Federal Court, in the case of a person or body vested with power to compel production by or under an Act of Parliament if the person or body is not a court established under a law of a province; or

(b) the trial division or trial court of the superior court of the province within which the court, person or body exercises its jurisdiction, in any other case.

Limitation period

(4) An application under subsection (3) shall be made within 10 days after the objection is made or within any further or lesser time that the court having jurisdiction to hear the application considers appropriate in the circumstances.

Disclosure order

(4.1) Unless the court having jurisdiction to hear the application concludes that the disclosure of the information to which the objection was made under subsection (1) would encroach upon a specified public interest, the court may authorize by order the disclosure of the information.

Disclosure order

(5) If the court having jurisdiction to hear the application concludes that the disclosure of the information to which the objection was made under subsection (1) would encroach upon a specified public interest, but that the public interest in disclosure outweighs in importance the specified public interest, the court 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 encroachment upon the specified public interest resulting from disclosure, authorize the disclosure, subject to any conditions that the court considers appropriate, of all of the information, a part or summary of the information, or a written admission of facts relating to the information.

See also  Section 44 Canadian Evidence Act 1985

Prohibition order

(6) If the court does not authorize disclosure under subsection (4.1) or (5), the court shall, by order, prohibit disclosure of the information.

Evidence

(6.1) The court may receive into evidence anything that, in the opinion of the court, is reliable and appropriate, even if it would not otherwise be admissible under Canadian law, and may base its decision on that evidence.

When determination takes effect

(7) An order of the court 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.

Introduction into evidence

(8) A person who wishes to introduce into evidence material the disclosure of which is authorized under subsection (5), but who may not be able to do so by reason of the rules of admissibility that apply before the court, person or body with jurisdiction to compel the production of information, 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.

See also  Section 31.3 Canadian Evidence Act 1985

See also:

Section 36.1 Canadian Evidence Act (Definition of official)

Section 36 Canadian Evidence Act (Construction)

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