The ''Canada Evidence Act'' (french: Loi sur la preuve au Canada) 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 In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...

, the act is not comprehensive. The act 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 The Federal Court of Canada, which succeeded the Exchequer Court of Canada in 1971, was a national court of Canada that had limited jurisdiction to hear certain types of disputes arising under the federal government's legislative jurisdiction. O ...

and the

Tax Court of Canada The Tax Court of Canada (TCC; french: Cour canadienne de l'impôt), 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 Governme ...

, as well as appeals from those courts to the

Federal Court of Appeal The Federal Court of Appeal (french: Cour d'appel fédérale) is a Canadian appellate court that hears cases concerning federal matters. History Section 101 of the Constitution Act, 1867 empowers the Parliament of Canada to establish "addit ...

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 criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...

, 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'' governs, 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.''Canada Evidence Act'', s. 40.

References

External links

Text of the Canada Evidence Act
Canadian federal legislation Evidence law 1893 in Canadian law {{Canada-law-stub