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

Act current to 2015-08-04 and last amended on 2015-08-01. Previous Versions

Marginal note:Person under fourteen years of age
  •  (1) A person under fourteen years of age is presumed to have the capacity to testify.

  • Marginal note:No oath or solemn affirmation

    (2) A proposed witness under fourteen years of age shall not take an oath or make a solemn affirmation despite a provision of any Act that requires an oath or a solemn affirmation.

  • Marginal note:Evidence shall be received

    (3) The evidence of a proposed witness under fourteen years of age shall be received if they are able to understand and respond to questions.

  • Marginal note:Burden as to capacity of witness

    (4) A party who challenges the capacity of a proposed witness under fourteen years of age has the burden of satisfying the court that there is an issue as to the capacity of the proposed witness to understand and respond to questions.

  • Marginal note:Court inquiry

    (5) If the court is satisfied that there is an issue as to the capacity of a proposed witness under fourteen years of age to understand and respond to questions, it shall, before permitting them to give evidence, conduct an inquiry to determine whether they are able to understand and respond to questions.

  • Marginal note:Promise to tell truth

    (6) The court shall, before permitting a proposed witness under fourteen years of age to give evidence, require them to promise to tell the truth.

  • Marginal note:Understanding of promise

    (7) No proposed witness under fourteen years of age shall be asked any questions regarding their understanding of the nature of the promise to tell the truth for the purpose of determining whether their evidence shall be received by the court.

  • Marginal note:Effect

    (8) For greater certainty, if the evidence of a witness under fourteen years of age is received by the court, it shall have the same effect as if it were taken under oath.

  • 2005, c. 32, s. 27.

Judicial Notice

Marginal note:Imperial Acts, etc.

 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, 1867.

  • R.S., c. E-10, s. 17.
Marginal note:Acts of Canada

 Judicial notice shall be taken of all Acts of Parliament, public or private, without being specially pleaded.

  • R.S., c. E-10, s. 18.

Documentary Evidence

Marginal note:Copies by Queen’s Printer

 Every copy of any Act of Parliament, public or private, published by the Queen’s Printer, is evidence of that Act and of its contents, and every copy purporting to be published by the Queen’s Printer shall be deemed to be so published, unless the contrary is shown.

  • R.S., 1985, c. C-5, s. 19;
  • 2000, c. 5, s. 52.