Evidence Law in Canada

Tue, 07 Jul 2026 00:00:00 +0000

Statutory Framework and Sources

Evidence law in Canada derives from three principal sources: statute law, the common law, and the Canadian Charter of Rights and Freedoms. At the federal level, the Canada Evidence Act (CEA), RSC 1985, c C-5, governs proceedings in federal courts and in matters over which Parliament has legislative authority. The CEA addresses witness competency and compellability (ss. 1-18.1), oaths and affirmations (ss. 13-16), documentary evidence (ss. 19-31), and the proof of official documents (ss. 23-37). Provincial evidence acts, such as Ontario’s Evidence Act, RSO 1990, c E.23, apply to provincial court proceedings on matters within provincial jurisdiction.

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Evidence Law in Canada

Statutory Framework and Sources