Section 31.3 Canadian Evidence Act

Section 31.3 Canadian Evidence Act 1985 is about Presumption of integrity. It is under Documentary Evidence of Part I of the act. The Evidence Act of Canada is an Act respecting witnesses and evidence.

Presumption of integrity

For the purposes of subsection 31.2(1), in the absence of evidence to the contrary, the integrity of an electronic documents system by or in which an electronic document is recorded or stored is proven

(a) by evidence capable of supporting a finding that at all material times the computer system or other similar device used by the electronic documents system was operating properly or, if it was not, the fact of its not operating properly did not affect the integrity of the electronic document and there are no other reasonable grounds to doubt the integrity of the electronic documents system;

(b) if it is established that the electronic document was recorded or stored by a party who is adverse in interest to the party seeking to introduce it; or

(c) if it is established that the electronic document was recorded or stored in the usual and ordinary course of business by a person who is not a party and who did not record or store it under the control of the party seeking to introduce it.

See also:

– Section 31.2 Canadian Evidence Act (Application of best evidence rule — electronic documents)

– Section 31.1 Canadian Evidence Act (Authentication of electronic documents)