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Unlike the United States, Canada is not a party to multilateral treaties (e.g., the Hague Convention of 1970) regarding obtaining evidence for use in foreign civil litigation proceedings. But Canada also does not have prohibitions or restrictions on foreign non-governmental litigants obtaining evidence (documentary or oral) which is located in Canada and which is provided voluntarily. For example, the deposition of witnesses located in Canada, and who are willing to give evidence voluntarily for use in U.S. litigation, takes place both frequently and as a matter of routine. The consent of the Canadian government is required only if the testimony is in respect of a U.S. state or federal government investigation.

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