23 (1) Subject to this or any other Act of Parliament, the laws of evidence of the province in which any proceedings under this Act are taken, including the laws of proof of service of any document, apply to such proceedings.
(2) The Canada Evidence Act applies in respect of a proceeding before the Federal Court to determine, under subsection 3(3), 4(3), 5(3) or 6.2(3), which court retains jurisdiction.
AP Commentary: The Canada Evidence Act and the applicable provincial laws of evidence apply to proceedings under the Divorce Act.
Means of presenting submissions
23.1 If the parties to a proceeding are habitually resident in different provinces, a court of competent jurisdiction may, in accordance with any applicable rules regulating the practice and procedure in that court, make an order on the basis of the evidence and the submissions of the parties, whether presented orally before the court or by affidavit or any means of telecommunication permitted by the rules regulating the practice and procedure in that court.
Official languages
23.2 (1) A proceeding under this Act may be conducted in English or French, or in both official languages of Canada.
Language rights
(2) In any proceeding under this Act,
-
- (a) any person has the right to use either official language, including to
- (i) file pleadings or other documents,
- (ii) give evidence, or
- (iii) make submissions;
- (b) the court shall, at the request of any person, provide simultaneous interpretation from one official language into the other;
- (c) any party to that proceeding has the right to a judge who speaks the same official language as that party or both official languages, as the case may be;
- (d) any party to that proceeding has the right to request a transcript or recording, as the case may be, of
- (i) what was said during that proceeding in the official language in which it was said, if what was said was taken down by a stenographer or a sound recording apparatus, and
- (ii) any interpretation into the other official language of what was said; and
- (e) the court shall, at the request of any party to that proceeding, make available in that party’s official language of choice any judgment or order that is rendered or made under this Act and that relates to that party.
- (a) any person has the right to use either official language, including to
Original version prevails
(3) In the case of a discrepancy between the original version of a document referred to in paragraph (2)(a) or (e) and the translated text, the original version shall prevail.
Court forms
(4) The court forms relating to any proceedings under this Act shall be made available in both official languages.
AP Commentary: English and French are the official languages for bringing any proceedings under the Divorce Act.