Section 45 - Statements Made to the Commissioner Not Admissible in Evidence

Overview

This section provides direction that statements made or answers given, in the context of an investigation or inquiry by the Commissioner, are not admissible in evidence, except in specific circumstances. 

Section Reference

Section 45 of the Freedom of Information and Protection of Privacy Act

  1. A statement made or an answer given by a person during an investigation or inquiry by the commissioner is inadmissible in evidence in court or in any other proceeding, except
    1. in a prosecution for perjury in respect of sworn testimony,
    2. in a prosecution for an offence under this Act, or
    3. in an application for judicial review or an appeal from a decision with respect to that application.
  2. Subsection (1) applies also in respect of evidence of the existence of proceedings conducted before the commissioner.

Summary

This section provides that statements made or answers given, in an oral or written submission to the Commissioner in the course of an inquiry or investigation, or evidence of the existence of proceedings conducted before the Commissioner, will be inadmissible in evidence in court or any other proceeding, except in the circumstances listed.

Interpretation

Interpretation Note 1:

"evidence" means any species of proof, or probative matter, legally presented at the trial of an issue, by the act of the parties and through the medium of witnesses, records, documents, exhibits, concrete objects, etc., for the purpose of inducing belief in the minds of the court or jury as to their contention [Blacks].

"proceeding" includes an action, application or submission to any court or judge or other body having authority by law or by consent to make decisions as to the rights of individuals [DCL].

"perjury" means with intent to mislead, making before a person who is authorized by law to permit it to be made before him a false statement under oath or solemn affirmation, by affidavit, solemn declaration or deposition or orally, knowing that the statement is false [DCL].

Sectional Index of Commissioner's Orders

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 Last updated: July 25, 2007