Section 38.01 Canadian Evidence Act 1985

15 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of information. 37.1 Appeal to court of appeal. 37.2 Limitation periods for appeals to Supreme Court of Canada. 37.21 [Repealed, 2004, c. 12, s. 18] 37.3 Protection of right to a fair trial. 38.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 38.01 Canadian Evidence Act

Section 38.01 Canadian Evidence Act 1985 is about Notice to Attorney General of Canada. It is under International Relations and National Defence and National Security of Part I of the act. The Evidence Act of Canada is an Act respecting witnesses and evidence.

Notice to Attorney General of Canada

(1) Every participant who, in connection with a proceeding, is required to disclose, or expects to disclose or cause the disclosure of, information that the participant believes is sensitive information or potentially injurious information shall, as soon as possible, notify the Attorney General of Canada in writing of the possibility of the disclosure, and of the nature, date and place of the proceeding.

During a proceeding

(2) Every participant who believes that sensitive information or potentially injurious information is about to be disclosed, whether by the participant or another person, in the course of a proceeding shall raise the matter with the person presiding at the proceeding and notify the Attorney General of Canada in writing of the matter as soon as possible, whether or not notice has been given under subsection (1). In such circumstances, the person presiding at the proceeding shall ensure that the information is not disclosed other than in accordance with this Act.

Notice of disclosure from official

(3) An official, other than a participant, who believes that sensitive information or potentially injurious information may be disclosed in connection with a proceeding may notify the Attorney General of Canada in writing of the possibility of the disclosure, and of the nature, date and place of the proceeding.

During a proceeding

(4) An official, other than a participant, who believes that sensitive information or potentially injurious information is about to be disclosed in the course of a proceeding may raise the matter with the person presiding at the proceeding. If the official raises the matter, he or she shall notify the Attorney General of Canada in writing of the matter as soon as possible, whether or not notice has been given under subsection (3), and the person presiding at the proceeding shall ensure that the information is not disclosed other than in accordance with this Act.

Military proceedings

(5) 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, notice under any of subsections (1) to (4) shall be given to both the Attorney General of Canada and the Minister of National Defence.

Exception

(6) This section does not apply when

(a) the information is disclosed by a person to their solicitor in connection with a proceeding, if the information is relevant to that proceeding;

(b) the information is disclosed to enable the Attorney General of Canada, the Minister of National Defence, a judge or a court hearing an appeal from, or a review of, an order of the judge to discharge their responsibilities under section 38, this section and sections 38.02 to 38.13, 38.15 and 38.16;

(c) disclosure of the information is authorized by the government institution in which or for which the information was produced or, if the information was not produced in or for a government institution, the government institution in which it was first received; or

(d) the information is disclosed to an entity and, where applicable, for a purpose listed in the schedule.

Exception

(7) Subsections (1) and (2) do not apply to a participant if a government institution referred to in paragraph (6)(c) advises the participant that it is not necessary, in order to prevent disclosure of the information referred to in that paragraph, to give notice to the Attorney General of Canada under subsection (1) or to raise the matter with the person presiding under subsection (2).

Schedule

(8) The Governor in Council may, by order, add to or delete from the schedule a reference to any entity or purpose, or amend such a reference.

See also:

– Section 38 Canadian Evidence Act (Definitions – International Relations and National Defence and National Security)

– Section 37.3 Canadian Evidence Act (Protection of right to a fair trial)

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Section 38.01 Canadian Evidence Act 1985

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