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
6. Evidence of person with physical disability
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
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
18. Acts of Canada
Documentary Evidence
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
26. Books kept in offices under Government of Canada
28. Notice of production of book or document
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
31.4 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
35. Impounding of forged instrument
36. Construction
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37.21 [Repealed, 2004, c. 12, s. 18]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
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
48. Expenses and conduct money
50. Right of refusal to answer or produce document
51. Rules of court
Part III – Canada Evidence Act
Application
Oaths and Solemn Affirmations
Documentary Evidence
54. Documents to be admitted in evidence
