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Canada Evidence Act

Version of section 38 from 2013-07-15 to 2024-06-19:

Marginal note:Definitions

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


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. (juge)


participant means a person who, in connection with a proceeding, is required to disclose, or expects to disclose or cause the disclosure of, information. (participant)

potentially injurious information

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. (renseignements potentiellement préjudiciables)


proceeding means a proceeding before a court, person or body with jurisdiction to compel the production of information. (instance)


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. (poursuivant)

sensitive information

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. (renseignements sensibles)

  • R.S., 1985, c. C-5, s. 38
  • 2001, c. 41, ss. 43, 141
  • 2013, c. 9, s. 18(F)

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