section 490(14)

INTRODUCTION AND BRIEF DESCRIPTION

Certified copies made under subsection (13) are admissible in evidence and have the same probative force as the original document.

SECTION WORDING

490(14) Every copy made under subsection (13) that is certified as a true copy by the Attorney General, the person who made the copy or the person in whose presence the copy was made is admissible in evidence and, in the absence of evidence to the contrary, has the same probative force as the original document would have if it had been proved in the ordinary way.

EXPLANATION

Section 490(14) of the Criminal Code of Canada pertains to the admissibility of copies made under the previous subsection (13). Subsection (13) permits the making of copies of any document or thing seized under a search warrant, production order, or other legal authority. This particular section clarifies that any such copy can be admitted as evidence if it is certified as a true copy by the Attorney General, the person who made the copy, or the person in whose presence the copy was made. The section further explains that a certified copy, absent any evidence to the contrary, will have the same evidentiary force as the original document would have had if it were to be proved in the ordinary way. This means that a certified copy satisfies the requirement for evidence to be authenticated and can be used as proof of the content of the original document. Section 490(14) is important as it provides a means for documents and things, which have been seized during an investigation, to be more easily and efficiently used as evidence. By allowing for copies to be made and presented as evidence, it reduces the burden and time-consuming process of having to prove the authenticity of the original document. This, in turn, makes the justice system more effective in holding individuals accountable for their actions.

COMMENTARY

Section 490(14) of the Criminal Code of Canada is an important provision in the criminal justice system. This provision outlines the admissibility of certified copies of documents in court proceedings. In criminal proceedings, documentary evidence is often used to prove the guilt or innocence of an accused person. Such evidence can include documents such as contracts, agreements, financial records, and other forms of written evidence. It is crucial that these documents are authenticated and presented in court in a manner that is admissible under the law. Section 490(14) provides an alternative means of proving the authenticity of documents through certified copies. This ensures that evidence is presented in a manner that is efficient and in accordance with the rules of evidence. The certification process requires that a person who is authorized to do so certify that the copy is a true representation of the original document. This certification can be done by the Attorney General, the person who made the copy, or the person in whose presence the copy was made. This provides flexibility in the certification process, allowing for a variety of individuals to certify documents. The admissibility of certified copies is subject to several conditions. The copy must have been made under subsection (13) of the same section of the Criminal Code which outlines the process for making copies of documents. The copy must also be certified as a true copy by an authorized individual. Once these conditions are met, the certified copy is admissible in evidence and has the same probative force as the original document would have if it had been proved in the ordinary way. This means that the certified copy carries the same legal weight as the original document and can be used as evidence in court proceedings. The provision also provides for a presumption of authenticity. In the absence of evidence to the contrary, the certified copy is presumed to be a true representation of the original document. This presumption makes it easier for the prosecution to prove its case without having to rely on the original document. Section 490(14) facilitates the efficient and timely introduction of documentary evidence in court proceedings. It simplifies the authentication process without compromising the integrity of the evidence. It ensures that evidence is presented in a manner that is legally acceptable and consistent with the principles of natural justice. In conclusion, Section 490(14) is an important provision in the Criminal Code of Canada that provides for the admissibility of certified copies of documents. It simplifies the process of introducing documentary evidence in court proceedings and ensures that evidence is presented in a manner that is legally acceptable. Overall, the provision promotes the efficient and effective administration of justice in Canada.

STRATEGY

Section 490(14) of the Criminal Code of Canada is an important legal provision that pertains to the use of certified copies of original documents in legal proceedings. Any copy made under subsection (13) that is certified as a true copy by the Attorney General, the person who made the copy or the person in whose presence the copy was made is admissible in evidence and has the same probative force as the original document if it had been proved in the ordinary way, unless evidence to the contrary is presented. In light of this provision, there are several strategic considerations that lawyers, litigants, and other legal professionals should keep in mind when dealing with certified copies of documents. One of the primary strategic considerations when dealing with section 490(14) is the reliability of the copy. If a document is submitted as evidence in court, it is crucial that it is an accurate and authentic copy. To ensure this, one option is to obtain a copy directly from the original source, such as the government agency or facility that produced it. Another option could be to have someone present when the copy is being made to certify it as a true and accurate copy. In any case, it is important to ensure that the copy is certified by a reliable source and is not counterfeit or altered in any way. Another strategic consideration is the potential drawbacks of relying on certified copies rather than original documents. While certified copies can be admitted as evidence in court, they may not hold the same weight as original documents, especially if they are subject to challenges. This means that litigants and lawyers should think carefully about whether it is worth the effort and expense of obtaining certified copies or if it is preferable to procure original documents. In addition, lawyers and litigants should be aware of the timing of obtaining certified copies of documents. Depending on the circumstances, it may be difficult or time-consuming to obtain certified copies of documents, which could delay the legal proceedings. Therefore, it is important to anticipate any potential roadblocks early on and plan accordingly to obtain and submit copies as soon as possible. A further strategic consideration when dealing with section 490(14) is the potential for disputes over the authenticity of the certified copies. Even if a copy is certified as true and accurate by a reputable source, it is possible for the opposing party to challenge its authenticity. As a result, it is important to anticipate potential challenges and gather as much evidence as possible to support the validity and accuracy of the certified copy. Finally, lawyers and litigants should be aware of the potential costs associated with obtaining certified copies of documents. Depending on the nature of the documents and the source of the copies, the costs of obtaining certified copies can vary significantly. This means that it is important to weigh the costs and benefits of obtaining certified copies carefully and determine whether it is worth the effort and expense. In conclusion, section 490(14) of the Criminal Code of Canada can be a valuable tool for lawyers and litigants when dealing with documentary evidence in legal proceedings. However, it is important to consider the potential challenges and drawbacks associated with certified copies, as well as to ensure their reliability and accuracy. By carefully weighing these strategic considerations and employing appropriate strategies, lawyers and litigants can maximize the probative value of certified copies of documents while minimizing any potential hurdles or challenges.