A STUDY OF THE THEORY OF APPRAISAL FOR SELECTION By ...

or agency performing a function of government.34 Because their
creation and custody is less stringently controlled than public
records, there are three conditions attached to their
admissibility. First, the 'book' in which the entry was made
must have been one of the ordinary books kept in the creating
office. Second, the entry in question must have been made in the
usual and ordinary course of business. Third, the copy must be
authentic. Proof of the existence of these three conditions must
be established by oath or affidavit of an officer of the creating
office.35 The acceptance of these conditions for the
admissibility of documentary evidence assumes that the ordinary
control of procedures and forms required in the normal
transactions of the business of government is sufficient to
guarantee the reliability of the resulting documents.
Authenticity is guaranteed by proof of the proper custody of
records.
Business records have the most extensive regulations
governing their admissibility because they are outside the
control of government procedures that help to ensure a high
degree of accountability to the public. The term 'record' as
defined by the evidence act indicates Parliament's intention to
allow for broad admissibility of evidence. It includes "the
34 Derived from definitions of "business" and "business
record" in the "Uniform Evidence Act" s. 152; reprinted in Ewart,
Evidence, 322-323. This definition is also assumed in the
regulations governing government records in s. 26 of the Canada
Evidence Act.
35 "Canada Evidence Act", s. 26 (1).
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