C.C.S.M. c. E150
The Manitoba Evidence Act
1 | Definitions |
PART I | |
RESPECTING EVIDENCE GENERALLY APPLICATION OF PART | |
2 | Application |
DIVISION I | |
EVIDENCE BY WITNESSES COMPETENCY OF WITNESSES | |
3 | No incompetency from interest or crime |
4 | Evidence of parties |
5 | Evidence as to intercourse |
6(1) | Incriminating questions |
(2) | Evidence not to be used |
(3) | "Witness" defined |
7 | Evidence as to adultery |
8 | Communication during marriage |
9(1) | Definitions |
(2) | Privilege re committee proceedings |
(3) | Records not admissible |
(4) | Exception |
(5) | Members of committees, etc. not excused generally |
10(1) | Protection from liability |
(2) | Committee member's protection from liability |
DISCLOSURE OF INFORMATION | |
10.1(1) | Definition of "legal proceeding" |
(2) | Appeal from an order for the disclosure of information |
(3) | Application of subsection (2) |
(4) | Limitation period |
(5) | Appeal |
(6) | Limitation period for appeal |
(7) | Date of appeal may be expedited |
10.2(1) | Definitions |
(2) | Objection to disclosure of information |
(3) | Obligation of court, person or body |
(4) | Objection in Provincial Court or Queen's Bench |
(5) | Objection before other body |
(6) | Limitation period |
(7) | Disclosure order |
(8) | Disclosure order where a protected public interest |
(9) | Order prohibiting disclosure |
(10) | When order takes effect |
(11) | Introducing disclosure material into evidence |
(12) | Relevant factors |
(13) | Appeal to Court of Appeal |
(14) | Limitation period for appeal |
(15) | Hearing to be private |
(16) | Representations at hearing |
ATTENDANCE OF WITNESSES | |
11 | Witness disobeying subpoena liable to action |
OATHS AND AFFIRMATIONS | |
12(1) | Who may administer oath |
(2) | Court officer may administer oath |
13 | Who may administer oaths and affirmations |
14 | Mode of administering oath |
15(1) | Form of oath in giving evidence |
(2) | Alternate form of oath |
16(1) | Affirmation of witness instead of oath |
(2) | Form of affirmation |
17 | Effect of affirming |
18 | Validity of oath, no religious belief |
EXAMINATION OF WITNESSES | |
19 | How far a party may discredit his own witness |
20 | Proof of contradictory written statements |
21 | Proof of contradictory oral statements |
22(1) | Proof of previous conviction |
(2) | Identity of witness |
(3) | Certificate of conviction |
CAPACITY OF WITNESS | |
23 | |
24(1) | Witness whose capacity is in question |
(2) | Testimony under oath or solemn affirmation |
(3) | Testimony on promise to tell truth |
(4) | Inability to testify |
(5) | Burden as to capacity of witness |
MISCELLANEOUS PROVISIONS RESPECTING WITNESSES | |
25 | Limit of number of expert witnesses in action |
26 | Evidence of mutes |
DIVISION II | |
TAKING OF EVIDENCE | |
27(1) | Recording of evidence, etc. |
(2) | Authority of Minister of Justice |
(3) | Admissibility of transcript |
28(1) | Destruction of records after 30 days |
(2) | Destruction of records after period prescribed |
(3) | Order for preservation of records |
DIVISION III | |
JUDICIAL NOTICE | |
29 | Judicial notice taken of statutes and ordinances |
30(1) | Judicial notice of certain laws and statutes |
(2) | Determining laws |
31(1) | Judicial notice to be taken of signatures of judges, etc. |
(2) | Who to be deemed judges |
32 | Proof of handwriting, when not required |
DIVISION IV | |
EVIDENCE BY DOCUMENTS CONSTRUCTION | |
33 | Construction of this Division |
PROOF OF STATE DOCUMENTS | |
34(1) | Definitions |
(2) | Proof of Imperial state document |
(3) | Proof of federal or provincial state document |
(4) | Proof of state document of Commonwealth or foreign state |
(5) | Proof of signature or office unnecessary |
OFFICIAL DOCUMENTS | |
35 | Copies of records and books of government departments as evidence |
36 | Entries in books in government offices |
37(1) | Copies of public books or documents |
(2) | Copies to be delivered if required |
JUDICIAL PROCEEDINGS | |
38(1) | Evidence of judicial proceedings |
(2) | Identity of person presumed |
(3) | Authentication of certificate |
CORPORATION DOCUMENTS | |
39 | Proof of official or public documents |
NOTARIAL DOCUMENTS | |
40 | Copies of notarial acts in Quebec admissible |
41 | How impeached |
42 | Effect of protest as evidence |
43 | Effect of certain certificates of notaries |
CERTIFICATES UNDER THE CANADA GRAIN ACT | |
44 | Certificate of inspecting officer under The Canada Grain Act |
45 | Extract from inspector's record |
46 | Certificate by weighmaster |
47 | Extract from weighmaster's record |
BANK BOOKS | |
48(1) | Copy of bank books, etc., as evidence |
(2) | Proof |
(3) | Method of proof |
(4) | Bank and officers when bank not party |
(5) | Order for inspection |
(6) | Notice of inspection |
(7) | Costs |
(8) | Enforcement of order |
(9) | Holidays |
(10) | Definition of "financial institution" |
49(1) | Definitions |
(2) | Where business records admissible |
(3) | Notice of intention to produce |
(4) | Surrounding circumstances |
(5) | Previous rules as to admissibility, etc. |
50(1) | Medical reports |
(2) | Report required |
(3) | Right to cross-examine |
(4) | Where a doctor called unnecessarily |
51(1) | Definitions |
(2) | Admissibility in evidence of photographic print |
(3) | Refusal to admit by court |
(4) | Where subsec. (3) not applicable |
(5) | Manner of proof |
51.1 | Definitions |
51.2 | Authentication of electronic documents |
51.3(1) | Application of best evidence rule to electronic documents |
(2) | Printouts |
51.4 | Presumption of integrity |
51.5 | Presumptions regarding electronic signatures |
51.6 | Standards may be considered |
51.7(1) | Proof by affidavit |
(2) | Cross examination |
51.8 | Application |
WILLS | |
52(1) | Method of proving wills |
(2) | Saving |
53(1) | Proof of death of members of Canadian Forces |
(2) | Proof of service of members of Canadian Forces |
MERCANTILE DOCUMENTS | |
54(1) | Proof of certain documents |
(2) | Inspection |
MISCELLANEOUS PROVISIONS RESPECTING DOCUMENTS | |
55(1) | Where no attestation required |
(2) | How proved |
56 | Comparison of disputed writing with genuine |
57 | Where instruments offered in evidence may be impounded |
ADMISSIBILITY OF CERTAIN DOCUMENTARY EVIDENCE | |
58(1) | Admissibility of documentary evidence as to facts in issue |
(2) | Exception |
(3) | Where full compliance with subsection (1) not required |
(4) | Statement must be prior to proceedings |
(5) | Statement must be authenticated by maker |
(6) | Discretion of court respecting admissibility of statement |
59(1) | Weight to be attached to evidence |
(2) | Document not to corroborate evidence of maker |
60(1) | Interpretation |
(2) | Saving |
DIVISION V | |
EVIDENCE BY AFFIDAVIT OR DECLARATION | |
STATUTORY DECLARATIONS | |
61 | Statutory declarations |
AFFIDAVITS, AFFIRMATIONS AND DECLARATIONS | |
62(1) | Affidavit, etc., to be taken within province |
(2) | Designation of office |
(3) | Oaths, etc., administered by commissioned officers |
(4) | Admissibility |
63(1) | Oaths, etc., administered outside province |
(2) | Oaths, etc., administered outside Manitoba by Manitoba officers |
(3) | Admissibility |
ADMINISTRATION OF OATHS | |
64(1) | Mode of taking affidavits, affirmations, and declarations |
(2) | Form of oath, etc. |
(3) | Jurat to state time and place |
(4) | Special forms of jurat |
FORM OF JURAT — INCAPABLE OF READING AFFIDAVIT OR DECLARATION | |
FORM OF JURAT — TWO OR MORE DEPONENTS OR DECLARANTS | |
FORM OF JURAT — PERSON INCAPABLE OF WRITING NAME | |
FORM OF JURAT — INTERPRETER USED | |
65 | Penalty for improper use of affidavits, etc. |
66 | Formal defects, when not to vitiate |
AFFIDAVIT OF SERVICE AS EVIDENCE | |
67 | Affidavits of service to be prima facie evidence |
68(1) | Where acknowledgment before notary sufficient |
(2) | Alternate acknowledgement |
PART II | |
RESPECTING COMMISSIONERS FOR OATHS | |
APPOINTMENT | |
69(1) | Minister may appoint persons to take affidavits |
(2) | Title of commissioner |
70 | Officer of court |
POWERS OF COMMISSIONER | |
71 | Extent of commissioner's authority |
COMMISSION OF COMMISSIONER | |
72 | Duration of and fee for commission |
73 | Fee on renewal |
74(1) | Date of expiry to appear on document |
(2) | Fine for failure |
PART III | |
RESPECTING NOTARIES PUBLIC | |
APPOINTMENT | |
75 | Minister may appoint notaries |
76 | Fee payable for appointment of Notary |
77(1) | Duration of commission |
(2) | Effect of disbarment, etc. |
(3) | Expiration after 2 years |
78 | Renewal fee |
79(1) | Date of expiration of commission noted |
(2) | Penalty |
AUTHORITY OF NOTARY | |
80 | Power of notary |
81 | Officer of court and commissioner |
PART IV | |
ISSUED ABROAD | |
82(1) | Examination of witnesses under commissions from courts abroad |
(2) | Payment of expenses of witness |
(3) | Right of refusal to answer questions and to produce documents |
PART V | |
RESPECTING COMMISSIONERS APPOINTED FOR PUBLIC INQUIRIES | |
APPOINTMENT | |
83(1) | Appointment of commission |
(2) | Altering commission |
(3) | Inquiry into elections |
(4) | Inquiry into conduct of person preferring charges |
84 | Death or retirement of commissioner |
85 | Commissioner's oath or affirmation of office |
86 | Notice of appointment of commission |
87 | Protection of commissioners |
POWER OF COMMISSIONERS | |
88(1) | Powers to summon witnesses |
(2) | Witnesses to be examined under oath |
89 | Commissioner may view premises |
90(1) | Warrant for non-appearance |
(2) | Warrant in first instance |
91 | Committal for refusal to testify |
92 | Police to assist commissioners |
93(1) | Services of experts |
(2) | Deputies and officials |
(3) | Powers of deputies |
94 | Searches free |
STATED CASE | |
95(1) | Stated case for Court of Appeal |
(2) | Order directing stated case |
(3) | Proceedings stayed until case determined |
(4) | Action or injunction not to lie against commissioner |
RULES AND REGULATIONS | |
96 | Power to make rules |