News release

Streamlining Court Processes

Justice

Legislation that should help to streamline the court process was brought forward today by Justice Minister Michael Baker. The Electronic Evidence Act is a new law that sets out rules dealing with electronic data. The Costs and Fees Act is being amended to give staff the ability to waive court fees when specific criteria are met.

The Electronic Evidence Act sets out rules that apply to data that has been recorded or stored in a computer system and that is to be used as evidence in court. The law is part of the national commercial law strategy, which is designed to reform and harmonize commercial legislation across Canada.

The act says that any person seeking to introduce electronic evidence into a legal proceeding must prove its authenticity. Physical and electronic access controls, security features, retention and destruction schedules may become relevant in proving the integrity of the electronic record.

"This act takes away the uncertainty when dealing with electronic records," said Mr. Baker. "In setting out how the law may apply to electronic records, we're moving into the 21st century."

Similar legislation was recently adopted by several provinces and the federal government.

Under amendments to the Costs and Fees Act, individuals will no longer have to apply to the court to have fees waived once the appropriate regulations are in place. The amendment gives court staff the ability to waive fees when certain criteria, such as income level or entitlement to social assistance, are met. The amendments ensure that requests to have fees waived are dealt with consistently across the province.

"Those who cannot afford to pay the court filing fees will now have a faster and more accessible means to apply for a waiver," said Mr. Baker. "The court's time will no longer have to be spent on the requests, making the process more efficient for all involved."