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Q: Canada Evidence Act ( Answered,   0 Comments )
Subject: Canada Evidence Act
Category: Reference, Education and News > Education
Asked by: future50-ga
List Price: $2.00
Posted: 15 Oct 2004 12:58 PDT
Expires: 14 Nov 2004 11:58 PST
Question ID: 415424
Does the Canada Evidence Act apply to trials of provincial statute offences?
Subject: Re: Canada Evidence Act
Answered By: sparky4ca-ga on 15 Oct 2004 17:37 PDT
Hi, thanks for the question.

First, here's a link to the act itself:

it says:
"This Part applies to all criminal proceedings and to all civil
proceedings and other matters whatever respecting which Parliament has

"17. Judicial notice shall be taken of all Acts of the Imperial
Parliament, of all ordinances made by the Governor in Council, or the
lieutenant governor in council of any province or colony that, or some
portion of which, now forms or hereafter may form part of Canada, and
of all the Acts of the legislature of any such province or colony,
whether enacted before or after the passing of the Constitution Act,

This page:
"The Saskatchewan Evidence Act applies to all matters over which the
province has jurisdiction. The Canada Evidence Act applies to all
criminal proceedings and to other matters over which the Parliament of
Canada has jurisdiction"
seems to imply that the Provincial Evidence Act is in place for
provincial proceedings.

The coroner's act of BC makes reference to a person's rights under the
Canada Evidence Act in a provincial Coroner's Inquiry:
"(3) If it appears at any stage of the inquest that the evidence that
a witness is about to give would tend to incriminate the witness, the
coroner and Crown counsel must ensure that the witness is informed of
his or her rights under section 5 of the Canada Evidence Act."

This page:
"Section 40 of the Canada Evidence Act specifically incorporates the
laws of evidence in force in the province in which the proceedings are
taken, subject to that Act and other acts of Parliament."

By reading through this guide to Parliament,
we learn that Acts of Parliament are law thorughout Canada and are
enforced by all courts at all levels. I would interpret that to mean
that the Canada Evidence Act would apply in provincial trials becuase
it applies to call Canadians at all times.

Another example:
BC Evidence Act:
"(2) Judicial notice must be taken of all of the following:

(a) Acts of the Imperial Parliament;

(b) Acts of the Parliament of Canada;"

That would specifically include the Canada Evidence act. The other
provinces have similar wording in their evidence acts.

Some very good info:
It seems to indicate that while the Parliament has the ultimate
authority, it's generally left to the Provinces to administer. That
being said, a lawyer wouldn't likely allow the Canada Evidence Act ot
be violated against his client simply becuase provincial law allows

I think this summs it up well, from the Evidence Act:
"Canada Evidence Act
            PART I
               Provincial Laws of Evidence
How applicable
 40. In all proceedings over which Parliament has legislative
authority, the laws of evidence in force in the province in which
those proceedings are taken, including the laws of proof of service of
any warrant, summons, subpoena or other document, subject to this Act
and other Acts of Parliament, apply to those proceedings.

R.S., c. E-10, s. 37."

TheCanada Evidence Act says the Provincial laws apply, *subject* to
the federal act.

hope this answers your question!


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