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ARTICLE · 26 MAY 2015

The Exclusion Of Evidence In Arbitration Proceedings In Quebec

Miller Thomson
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One of the fundamental changes made to the law of evidence in Quebec when the new Civil Code came into force in 1994 was the introduction of article 2858 of the Civil Code of Quebec.

CanadaEmployment and HR

One of the fundamental changes made to the law of evidence in Quebec when the new Civil Code came into force in 1994 was the introduction of article 2858 of the Civil Code of Quebec (C.C.Q.). This article reads as follows:

"The court shall, even of its own motion, reject any evidence obtained under such circumstances that fundamental rights and freedoms are violated and whose use would tend to bring the administration of justice into disrepute.

The latter criterion is not taken into account in the case of violation of the right of professional secrecy."

The main objective behind article 2858 C.C.Q. was to bring the law of evidence in civil cases in line with the remedy existing in subsection 24(2) of the Canadian Charter of Human Rights and Freedoms.

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