S.M. 1992, c. 15

The Manitoba Evidence Amendment Act

(Assented to June 24, 1992)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. E150 amended

1           The Manitoba Evidence Act is amended by this Act.

2           The heading preceding section 23 is struck out and "CAPACITY OF WITNESS" is substituted.

3           Section 24 is repealed and the following is substituted:

Witness whose capacity is in question

24(1)       Where a proposed witness in a legal proceeding is a person under 14 years of age or a person whose mental capacity to give evidence is challenged, the court shall, before permitting the person to give evidence, conduct an inquiry to determine

(a) whether the person understands the nature of an oath or a solemn affirmation; and

(b) whether the person is able to communicate the evidence.

Testimony under oath or solemn affirmation

24(2)       A person referred to in subsection (1) who understands the nature of an oath or a solemn affirmation and is able to communicate the evidence shall testify under oath or solemn affirmation.

Testimony on promise to tell truth

24(3)       A person referred to in subsection (1) who does not understand the nature of an oath or a solemn affirmation but is able to communicate the evidence may testify on promising to tell the truth.

Inability to testify

24(4)       A person referred to in subsection (1) who neither understands the nature of an oath or a solemn affirmation nor is able to communicate the evidence shall not testify.

Burden as to capacity of witness

24(5)       A party who challenges the mental capacity of a proposed witness of 14 years of age or more has the burden of satisfying the court that there is an issue as to the capacity of the proposed witness to testify under an oath or a solemn affirmation.

Coming into force

4           This Act comes into force on the day it receives royal assent.