1995 Quebec, QC Civil Section Documents - Proposals for a Uniform Electronic Evidence Act

If the probative weight of information in a data record is challenged, the weight may be assessed according to one or more of: (a) the reliability of the means by which the data record was generated, communicated or stored; (b )the reliability of the means by which the integrity of the information was maintained; (c) the reliability of the means by which the information is displayed for the use in. [...] 29(2), namely: • that the book or record was, at the time of the making of the entry, one of the ordinary books or records of the financial institution; • that the entry was made in the usual and ordinary course of business; • that the book or record is in the custody or control of the financial institution; • that the copy is a true copy thereof, such proof to be given either orally or by affidav. [...] However, one important question still remains to be answered, namely, what is the record where there is a printout which is relied upon on a daily basis, but the information still remains on the memory of the computer? Would the court find that the business reliance on the printout made it the record, or would the information in the memory, as the origin of the printout, be classed as the record f. [...] (for the court) said: The nature and quality of the evidence put before the Court has to reflect the facts of the complete record-keeping process -- in the case of computer records, the procedures and processes relating to the input of entries, storage of information and its retrieval and presentation. [...] 29(2) that the entry in question was made in one of the ordinary books or records of the bank, that the book or record is in the custody or control of the bank and that the copy adduced is a true copy of the entry, a court (as in R.