Canada Evidence Act (R.S.C., 1985, c. C-5)

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Act current to 2012-05-14 and last amended on 2008-02-22. Previous Versions

37.1 (1) An appeal lies from a determination under any of subsections 37(4.1) to (6)
- (a) to the Federal Court of Appeal from a determination of the Federal Court; or
- (b) to the court of appeal of a province from a determination of a trial division or trial court of a superior court of the province.
Marginal note:Limitation period for appeal
(2) An appeal under subsection (1) shall be brought within 10 days after the date of the determination appealed from or within any further time that the court having jurisdiction to hear the appeal considers appropriate in the circumstances.

37.2 Notwithstanding any other Act of Parliament,

(a) an application for leave to appeal to the Supreme Court of Canada from a judgment made under subsection 37.1(1) shall be made within 10 days after the date of the judgment appealed from or within any further time that the court having jurisdiction to grant leave to appeal considers appropriate in the circumstances; and
(b) if leave to appeal is granted, the appeal shall be brought in the manner set out in subsection 60(1) of the Supreme Court Act but within the time specified by the court that grants leave.

37.21 [Repealed, 2004, c. 12, s. 18]

37.3 (1) A judge presiding at a criminal trial or other criminal proceeding may make any order that he or she considers appropriate in the circumstances to protect the right of the accused to a fair trial, as long as that order complies with the terms of any order made under any of subsections 37(4.1) to (6) in relation to that trial or proceeding or any judgment made on appeal of an order made under any of those subsections.
Marginal note:Potential orders
(2) The orders that may be made under subsection (1) include, but are not limited to, the following orders:
- (a) an order dismissing specified counts of the indictment or information, or permitting the indictment or information to proceed only in respect of a lesser or included offence;
- (b) an order effecting a stay of the proceedings; and
- (c) an order finding against any party on any issue relating to information the disclosure of which is prohibited.

International Relations and National Defence and National Security

38. The following definitions apply in this section and in sections 38.01 to 38.15.

“judge” « juge »: “judge” means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice to conduct hearings under section 38.04.
“participant” « participant »: “participant” means a person who, in connection with a proceeding, is required to disclose, or expects to disclose or cause the disclosure of, information.
“potentially injurious information” « renseignements potentiellement préjudiciables »: “potentially injurious information” means information of a type that, if it were disclosed to the public, could injure international relations or national defence or national security.
“proceeding” « instance »: “proceeding” means a proceeding before a court, person or body with jurisdiction to compel the production of information.
“prosecutor” « poursuivant »: “prosecutor” means an agent of the Attorney General of Canada or of the Attorney General of a province, the Director of Military Prosecutions under the National Defence Act or an individual who acts as a prosecutor in a proceeding.
“sensitive information” « renseignements sensibles »: “sensitive information” means information relating to international relations or national defence or national security that is in the possession of the Government of Canada, whether originating from inside or outside Canada, and is of a type that the Government of Canada is taking measures to safeguard.