HomeC.C.S.M. c. E150
The Manitoba Evidence Act
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| 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 |
