Acts and Regulations

E-11 - Evidence Act

Section 35
Disposition versions

Full text
Admissibility of evidence given at prior proceedings
35(1)In addition to all other cases where testimony in prior proceedings may now be lawfully received as evidence,
(a) where testimony has been given or an unsworn statement has been made by a person before a court of record in Canada, a royal commission, a board of inquiry or any other board, commission, tribunal or body established under the authority of a statute of Canada or of a province thereof or of a treaty binding on Canada, and
(b) where such person is dead or unfit by reason of his bodily or mental condition to attend as a witness or if he is outside the Province and it is not reasonably practicable to secure his attendance before the court or on commission, or if reasonable efforts to find him have been made without success, and
(c) where the party against whom such evidence or unsworn statement is tendered or his predecessor in interest or other privy was represented before such previous court, commission, board, tribunal or body and either called such person or had an opportunity to examine or question such person,
the testimony or statement of such person is admissible as evidence.
35(2)What purports to be a copy of the testimony or statement of such person and purports to have been printed by or on behalf of such court, commission, board, tribunal or body or by or on behalf of the King’s Printer or other official printer of Canada or a province thereof or the United States of America, or a state thereof or of Great Britain, is prima facie proof thereof.
35(3)What purports to be a transcript of the evidence or statement of such person produced from proper custody and purports to be certified by a shorthand reporter who recorded or transcribed such evidence or statement or purports to be certified by the presiding officer, is prima facie proof thereof.
1960, c.29, s.2; 2023, c.17, s.78
Admissibility of evidence given at prior proceedings
35(1)In addition to all other cases where testimony in prior proceedings may now be lawfully received as evidence,
(a) where testimony has been given or an unsworn statement has been made by a person before a court of record in Canada, a royal commission, a board of inquiry or any other board, commission, tribunal or body established under the authority of a statute of Canada or of a province thereof or of a treaty binding on Canada, and
(b) where such person is dead or unfit by reason of his bodily or mental condition to attend as a witness or if he is outside the Province and it is not reasonably practicable to secure his attendance before the court or on commission, or if reasonable efforts to find him have been made without success, and
(c) where the party against whom such evidence or unsworn statement is tendered or his predecessor in interest or other privy was represented before such previous court, commission, board, tribunal or body and either called such person or had an opportunity to examine or question such person,
the testimony or statement of such person is admissible as evidence.
35(2)What purports to be a copy of the testimony or statement of such person and purports to have been printed by or on behalf of such court, commission, board, tribunal or body or by or on behalf of the Queen’s Printer or other official printer of Canada or a province thereof or the United States of America, or a state thereof or of Great Britain, is prima facie proof thereof.
35(3)What purports to be a transcript of the evidence or statement of such person produced from proper custody and purports to be certified by a shorthand reporter who recorded or transcribed such evidence or statement or purports to be certified by the presiding officer, is prima facie proof thereof.
1960, c.29, s.2