Older Uniform Acts

1997 Electronic Evidence Act with Comments

1997 Whitehorse YK

Civil Section Documents - Uniform Electronic Evidence Act and comments

Definitions

1. In this Act,

(a) "data" means representations, in any form, of information or concepts.

(b) "electronic record" means data that is recorded or preserved on any medium in or by a computer system or other similar device, that can be read or perceived by a person or a computer system or other similar device. It includes a display, printout or other output of that data.

(c) "electronic records system" includes the computer system or other similar device by or in which data is recorded or preserved, and any procedures related to the recording and preservation of electronic records.

Application

2. This Act does not affect the application of any common law or statutory rule relating to the admissibility of documents or other records, except for the rules relating to authentication and best evidence.

Authentication

3. Subject to this Act or any other Act of [the enabling jurisdiction] or to an exception provided by the common law, the person seeking to introduce an electronic record has the burden of proving its authenticity by evidence capable of supporting a finding that the electronic record is what the person claims it to be.

Best evidence rule

4. In any legal proceeding, the best evidence rule is satisfied in respect of an electronic record on proof of the integrity of the electronic records system in or by which the data was recorded or preserved.

Presumption of integrity

5. In the absence of evidence to the contrary, the integrity of the electronic records system is proven if it is established that

(a) at all material times the computer system or other similar device was operating properly or, if it was not, the fact of its not operating properly did not affect the integrity of the electronic record; and

(b) there are no other reasonable grounds to doubt the integrity of the electronic records system.

Other applicable presumptions

6. In the absence of evidence to the contrary, the integrity of the electronic records system is proven if it is established that

(a) the electronic record was recorded or preserved by a party to the proceedings other than the party seeking to introduce it; or

(b) the electronic record was recorded or preserved in the usual and ordinary course of business by a person who is not a party to the proceedings.

Proof by affidavit

7. The matters referred to in sections 5 and 6 may be established by an affidavit given to the best of the deponent's knowledge or belief.

Standards

8. For the purpose of determining under any rule of law whether an electronic record is admissible, evidence may be presented in respect of any standard, procedure, usage or practice on how electronic records are to be recorded or preserved, having regard to the type of business or endeavour that used, recorded or preserved the electronic record and the nature and purpose of the electronic record.

Repeal

9. [Repeal provisions which require retention of original after microfilming.]


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