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Practice Note #14 –
Affidavit Evidence

Adobe icon Practice Note #14 – Affidavit Evidence PDF (172KB)

1. Purpose

The purpose of this Practice Note is to explain the procedure for presenting evidence by affidavit to the Tribunal.

2. Background

The Tribunal considers affidavit evidence to be an appropriate way to assist in the decision making in a request for review under Rule 21 of the Rules of the Review Tribunal (Canada Agricultural Review Tribunal) (Rules).

An affidavit is a written statement of facts, confirmed under oath or by affirmation of the person who is making the affidavit, the affiant, in the presence of an individual with the authority to administer oaths and affirmations.

3. Statement

The party that wishes to present its evidence by affidavit must comply with the requirements and deadlines set out in Rule 21 of the Rules.

The opposing party may cross-examine the affiant who swore an affidavit or present its own affidavit describing a different version of the events.

The time and date of a cross-examination must be decided by mutual consent of the parties. In the absence of such consent, the Tribunal will establish the applicable deadlines. If the affiant is not available for the cross-examination, the Tribunal may make an adverse finding on the probative value of this evidence or refuse to accept the affidavit into evidence.

The parties may call witnesses who have already submitted evidence by affidavit during the hearing. However, evidence on the same issues in the affidavit from the affiant is generally not admitted at the hearing.

4. Approval

Practice Note #14 is approved by the Tribunal’s Chairperson on September 28th, 2020.

Luc Belanger signature

Luc Bélanger
Canada Agricultural Review Tribunal