Acts and Regulations

E-11 - Evidence Act

Full text
Judicial documents
77(1)All judgments, decrees, orders, and other judicial proceedings of any court of justice in the United Kingdom of Great Britain and Northern Ireland as at present constituted or any former kingdom that included England whether known as the United Kingdom of Great Britain and Ireland or otherwise, or in any present, future or pre-existing foreign state, or in Canada or in any Province of Canada, or in any present, past or future British colony, and all affidavits, pleadings and other documents whether legal or otherwise, filed or deposited in any such court, may be proved in any court either by examined copies or by copies authenticated as hereinafter mentioned that is to say, the authenticated copy being admissible in evidence must either
(a) be sealed with the seal of said British, foreign, Canadian, provincial or colonial court making, issuing or otherwise giving existence to any such judgment, decree, order or other judicial proceeding, or in which any such affidavit, pleading or other document is filed or deposited; or
(b) in the event of said court having no seal, be signed by the judge or, in the event of there being more than one judge, by any one of the judges of the court, and such judge shall attach to his signature a statement in writing on or attached to said copy, that the court whereof he is a judge has no seal.
77(2)If any of the aforesaid authenticated copies purport to be sealed or signed as hereinbefore respectively directed, the same shall respectively be admitted in evidence in every case in which the original document could have been received in evidence without proof of the seal, where a seal is attached, or of the truth of the statement attached thereto or thereon where no seal is attached, and without proof of the signature or the judicial character of the person purporting to have signed the statement where no seal is attached.
R.S., c.74, s.69