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Canada Evidence Act

Version of section 38 from 2003-01-01 to 2003-07-01:


Marginal note:Definitions

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

judge

juge

judge means the Chief Justice of the Federal Court or a judge of the Federal Court — Trial Division designated by the Chief Justice to conduct hearings under section 38.04. (juge)

participant

participant

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

renseignements potentiellement préjudiciables

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

instance

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

prosecutor

poursuivant

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

renseignements sensibles

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, s. 43

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