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. |