Members of the Legal Profession and all parties to proceedings in the Federal Court of Appeal
The Honourable Marc Noël, Chief Justice
January 14, 2020
Practice Direction - Certificate under section 38.13 of Canada Evidence Act
Pursuant to section 38.131(1) of the Canada Evidence Act, a party to the proceeding referred to in section 38.13(1) in which a certificate is issued may apply to the Federal Court of Appeal for an order varying or cancelling the certificate.
There is no timeframe within which such an application is to be made. However, once an application is brought, section 38.131(7) requires that it be considered by the Court no later than ten days from the making of the application.
In order to enable the Court to consider an application brought pursuant to section 38.131(1) within this strict timeline, and to ensure the presence of an amicus curiae if need be, the parties to a proceeding in which a certificate is filed are kindly asked to file a letter with the Registry as soon as possible providing the following information:
Federal Court of Appeal