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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 | ||
| 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. | ||