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Certificate under section 38.13 of Canada Evidence Act

TO:

Members of the Legal Profession and all parties to proceedings in the Federal Court of Appeal

FROM:

The Honourable Marc Noël, Chief Justice

DATE:

January 14, 2020

SUBJECT:

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:

  • whether an application for an order varying or cancelling the certificate is contemplated by any party;
  • if so, the time when this application is expected to be made;
  • whether arrangements for an amicus curiae are in place so as to allow his or her immediate participation upon the filing of the application; and
  • whether there is any other matter that should be brought to the Court's attention.

"Marc Noël"
Chief Justice,
Federal Court of Appeal