Canada Evidence Act
Encyclopedia
The Canada Evidence Act is an Act of the Parliament of Canada
, first passed in 1893, that regulates the rules of evidence
in court proceedings under federal law. As law of evidence is largely set by common law
, the Act is not comprehensive.
The Act only applies to court proceedings conducted under federal law. The Act thus applies in courts and administrative agencies created by the federal Parliament, such as the Federal Court of Canada
and the Tax Court of Canada
, as well as appeals from those courts to the Federal Court of Appeal and the Supreme Court of Canada
. The Act also applies in the provincial courts when they hear and determine matters under federal laws, notably under the Criminal Code
, a federal statute.
The Act does not apply to matters under provincial law. Each province has its own Evidence Act for matters under provincial law. When a matter under provincial law is appealed to the Supreme Court of Canada
, the provincial Evidence Act will govern, not the federal Act. The Canada Evidence Act incorporates the provincial law of evidence to supplement the provisions of the federal Act, notably in the law relating to proof of service of documents.
Parliament of Canada
The Parliament of Canada is the federal legislative branch of Canada, seated at Parliament Hill in the national capital, Ottawa. Formally, the body consists of the Canadian monarch—represented by her governor general—the Senate, and the House of Commons, each element having its own officers and...
, first passed in 1893, that regulates the rules of evidence
Evidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
in court proceedings under federal law. As law of evidence is largely set by common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, the Act is not comprehensive.
The Act only applies to court proceedings conducted under federal law. The Act thus applies in courts and administrative agencies created by the federal Parliament, such as the Federal Court of Canada
Federal Court of Canada
The Federal Court of Canada was a national court of Canada that heard some types of disputes arising under the central government's legislative jurisdiction...
and the Tax Court of Canada
Tax Court of Canada
The Tax Court of Canada , established in 1983 by the Tax Court of Canada Act, is a federal superior court which deals with matters involving companies or individuals and tax issues with the Government of Canada....
, as well as appeals from those courts to the Federal Court of Appeal and the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
. The Act also applies in the provincial courts when they hear and determine matters under federal laws, notably under the Criminal Code
Criminal Code of Canada
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
, a federal statute.
The Act does not apply to matters under provincial law. Each province has its own Evidence Act for matters under provincial law. When a matter under provincial law is appealed to the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
, the provincial Evidence Act will govern, not the federal Act. The Canada Evidence Act incorporates the provincial law of evidence to supplement the provisions of the federal Act, notably in the law relating to proof of service of documents.