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The Manitoba Evidence Act

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23 Repealed
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
DIVISION VI
CRIMINAL ORGANIZATIONS
68.1 Definitions
68.2 (1) Schedule of criminal organizations
(2) Entry on schedule of criminal organizations
(3) Recommendation process
68.3 (1) Scheduled entity deemed to be criminal organization
(2) Clarification
(3) No inference if entity not on schedule
68.4 (1) Application
(2) Contents of application
(3) Identifying entity
68.5 (1) Notice of application
(2) Contents of notice
(3) Publication of notice
68.6 (1) Objection process
(2) Contents of summary statement
(3) Restriction on summary statement
(4) Copy of decision or order
(5) Submissions by objector
68.7 Submission of material
68.8 (1) Determination by review panel
(2) Review panel report
68.9 Recommendation by minister
68.10 (1) Request for removal from schedule
(2) Content of request
(3) Director's statement
(4) Response to director's statement
(5) Referral to review panel
(6) Decision by review panel
(7) Recommendation
(8) Restriction on requests
68.11 No appeal or judicial review
68.12 (1) Mistaken identity
(2) Certificate
68.13 Director
68.14 (1) Review panel
(2) Chair
(3) Panel proceedings confidential
68.15 Director and panel not compellable
68.16 (1) No access under Freedom of Information Act
(2) Director may collect information
(3) Disclosure of information
(4) Agreements re disclosure of information
(5) Interpretation
68.17 Regulations
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
SCHEDULE
FORM A
CERTIFICATE AS TO ACKNOWLEDGMENT OF MAKER OF INSTRUMENT
FORM B
CERTIFICATE AS TO DECLARATION OF PARTY TO INSTRUMENT, ETC.