Page 1301 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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Kanunları ve Tercümeleri
been continuously in the possession of the court that made the loan order.
APPEAL
35. An appeal lies, with leave, on a question of law alone, to the court of appeal, within the
meaning of section 2 of the Criminal Code, from any order or decision of a judge or a court in Ca-
nada made under this Act, if the application for leave to appeal is made to a judge of the court of
appeal within fifteen days after the order or decision.
PART II
ADMISSIBILITY IN CANADA OF EVIDENCE OBTAINED ABROAD PURSUANT TO AN
AGREEMENT
36. (1) In a proceeding with respect to which Parliament has jurisdiction, a record or a copy
of the record and any affidavit, certificate or other statement pertaining to the record made by
a person who has custody or knowledge of the record, sent to the Minister by a state or entity
in accordance with a Canadian request, is not inadmissible in evidence by reason only that a
statement contained in the record, copy, affidavit, certificate or other statement is hearsay or a
statement of opinion.
(2) For the purpose of determining the probative value of a record or a copy of a record admit-
ted in evidence under this Act, the trier of fact may examine the record or copy, receive evidence
orally or by affidavit, or by a certificate or other statement pertaining to the record in which a
person attests that the certificate or statement is made in conformity with the laws that apply to
a state or entity, whether or not the certificate or statement is in the form of an affidavit attested
to before an official of the state or entity, including evidence as to the circumstances in which
the information contained in the record or copy was written, stored or reproduced, and draw any
reasonable inference from the form or content of the record or copy.
37. In a proceeding with respect to which Parliament has jurisdiction, a thing and any affida-
vit, certificate or other statement pertaining to the thing made by a person in a state or entity
as to the identity and possession of the thing from the time it was obtained until its sending to
a competent authority in Canada by the state or entity in accordance with a Canadian request,
are not inadmissible in evidence by reason only that the affidavit, certificate or other statement
contains hearsay or a statement of opinion.
38. (1) An affidavit, certificate or other statement mentioned in section 36 or 37 is, in the ab-
sence of evidence to the contrary, prof of the statements contained therein without proof of the
signature or official character of the person appearing to have signed the affidavit, certificate or
other statement.