Canadian Criminal Evidence/Documentary Evidence/Financial Institution Records

Introduction
Section 29 of the Canada Evidence Act recognizes the high degree of reliability in business documents from financial institutions by permitting "any book or record kept in a financial institution" to be admissible as evidence.

Statute
Section 29 concerns documents of financial institutions:

Principles
For documents to be admissible under s. 29 of the CEA, the party seeking to admit the document must show that:
 * 1) the book or record was, at the time of making of the entry, one of the ordinary books or record of the financial institutions;
 * 2) that the original book or record is in the custody or control of the financial institution and
 * 3) the copy is a "true copy"

All these elements can be proven by way of affidavit usually from the manager or accountant of the institution. However, there is no specific requirement as to whom it must be from.

For the purposes of s. 29, "record" can include computer printouts.

A "true copy" is any copy that can be said to be accurate in all essential particulars, so that no one can be misled as to the effect of the record.

Notice
Any records that are admissible under s. 29 do not need notice to produce.