Provisions supplemen- lary to sections 388
to 38E. 1968, c. 64, x. 6.
cessing information, and any reference to infor- mation being derived from other information is a reference to its being derived therefrom by calcula tion, comparison or any other process.
38F. (1) Where in any civil proceedings a state- ment contained in a document is proposed to be given in evidence by virtue of section 388, 38D or 38E it may, subject to any rules, be proved by the produc- tion of that document or (whether or not that docu- ment is still in existence) by the production of a copy of that document, or of the waterial part thereof, au- thenticated in such manner as the court may approve.
(2) For the purpose of deciding whether or not a statement is admissible in evidence by virtue of section 38B. 38D or 38E, the court may draw any reasonable inference from the circumstances in which the statement was made or otherwise came into being or from any other circumstances, including, in the case of a statement contained in a document. the form and contents of that document,
(3) In estimating the weight, if any, to be attached to a statement admissible in evidence by virtue of section 38B, 38C, 38D or 38B regard shall be had to all the circumstances from which any in- ference can reasonably be drawn as to the accuracy or otherwise of the statement and, in particular-
(a) in the case of a statement falling within subsection (1) of section 38B or subsection (1) or (2) of section 38C, to the question whether or not the statement was made contemporaneously with the occurrence or existence of the facts stated, and to the question whether or not the maker of the statement bad any incentive to conceal or misrepresent the facts;
(b) in the case of a statement falling within sub- section (1) of section 38D, to the question whether or not the person who originally supplied the information from which the record containing the statement was com. piled did so contemporaneously with the occurrence or existence of the facts dealt with in that information, and to the ques- tion whether or not that person, or any
person concerned with compiling or keep- ing the record containing the statement, had any incentive to conceal or misrepresent the facts; and
(c) in the case of a statement falling within subsection (1) of section 38E, to the ques- tion whether or not the information which the information contained in the statement reproduces or is derived from was supplied to the relevant computer, or recorded for the purpose of being supplied thereto, con- temporaneously with the occurrence DT existence of the facts dealt with in that information, and to the question whether or not any person concerned with the supply of information to that computer, or with the operation of that computer or any equip- ment by means of which the document con- taining the statement was produced by it. had any incentive to conceal or misrepre- sent the facts.
(4) For the purpose of any enactment or rule of law or practice requiring evidence to be corroborated or regulating the manner in which uncorroborated evidence is to be treated-
(a) a statement which is admissible in evidence by virtue of section 38B or 38C shall not be capable of corroborating evidence given by the maker of the statement; and
(b) a statement which is admissible in evidence by virtue of section 38D shall not be cape- ble of corroborating evidence given by the person who originally supplied the informa- tion from which the record containing the statement was compiled.
(5) If any person in a certificate tendered in evidence in civil proceedings by virtue of subsection (4) of section 38E wilfully makes a statement mate- rial in those proceedings which he knows to be faise or does not believe to be true, he shall be guilty of an offence and shall be liable on conviction to a fine of five thousand dollars and to imprisonment for two
years.