R.S.M. 1987, c. E150
The Manitoba Evidence Act
Table of Contents
1 | Definitions. | |
PART I
RESPECTING EVIDENCE GENERALLY |
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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 | Incriminating questions. | |
(2) | Evidence not to be used. | |
(3) | "Witness" defined. | |
7 | Evidence as to adultery. | |
8 | Communication made during marriage. | |
9 | Evidence as to proceedings of hospital committee, etc., not compellable. | |
(2) | Application of subsec. (1). | |
(3) | Application of The Regulations Act. | |
(4) | Exception. | |
(5) | Members of committee, etc., not excused generally. | |
(6) | Definitions. | |
10 | Protection from liability. | |
ATTENDANCE OF WITNESSES | ||
11 | Witness disobeying subpoena liable to action. | |
OATHS AND AFFIRMATIONS | ||
12 | Who may administer oath. | |
(2) | Court officer may administer oath. | |
13 | Who may administer oaths. | |
14 | Mode of administering oath. | |
15 | Form of oath in giving evidence. | |
(2) | Alternate form of oath. | |
16 | 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 | Proof of previous conviction. | |
(2) | Identity of witness. | |
(3) | Certificate of conviction. | |
CORROBORATIVE EVIDENCE | ||
23 | Breach of promise of marriage. | |
24 | May be received though not on oath. | |
(2) | Corroboration. | |
MISCELLANEOUS PROVISIONS RESPECTING WITNESSES | ||
25 | Limit of number of expert witnesses in action. | |
26 | Evidence of mutes. | |
DIVISION II TAKING OF EVIDENCE | ||
27 | Recording of evidence, etc. | |
(2) | Authority of Attorney-General. | |
(3) | Admissibility of transcript. | |
28 | Destruction of records after 30 days. | |
(2) | Destruction of records after period prescribed by A. G. | |
(3) | Order for preservation of records. | |
29 | Judicial notice taken of statutes and ordinances. | |
30 | Judicial notice of certain laws and statutes. | |
(2) | Determining laws. | |
31 | 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 | 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 | Copies of public books or documents. | |
(2) | Copies to be delivered if required. | |
JUDICIAL PROCEEDINGS | ||
38 | 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 | 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 | Definitions. | |
(2) | Where business records admissible. | |
(3) | Notice of intention to produce. | |
(4) | Surrounding circumstances. | |
(5) | Previous rules as to admissibility, etc. | |
50 | Medical reports. | |
(2) | Report required. | |
(3) | Right to cross-examine. | |
(4) | Where a doctor called unnecessarily. | |
51 | Definitions. | |
(2) | Admissibility in evidence of photographic print. | |
(3) | Refusal to admit by court. | |
(4) | Where subsec. (3) not applicable. | |
(5) | Manner of proof. | |
WILLS | ||
52 | Method of proving wills. | |
(2) | Saving. | |
53 | Proof of death of members of Canadian Forces. | |
(2) | Proof of service of members of Canadian Forces. | |
MERCANTILE DOCUMENTS | ||
54 | Proof of certain documents. | |
(2) | Inspection. | |
MISCELLANEOUS PROVISIONS RESPECTING DOCUMENTS | ||
55 | 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 | Admissibility of documentary evidence as to facts in issue. | |
(2) | Exception. | |
(3) | Where full compliance with subsec. (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 | Weight to be attached to evidence. | |
(2) | Document not to corroborate evidence of maker. | |
60 | Interpretation. | |
(2) | Saving. | |
OR DECLARATION | ||
STATUTORY DECLARATIONS | ||
61 | Statutory declarations. | |
AFFIDAVITS, AFFIRMATIONS AND DECLARATIONS | ||
62 | Affidavit, etc., to be taken within province. | |
(2) | Designation of office. | |
(3) | Oaths, etc., administered by commissioned officers. | |
(4) | Admissibility. | |
63 | Oaths, etc., administered outside province. | |
(2) | Oaths, etc., administered outside Manitoba by Manitoba officers. | |
(3) | Admissibility. | |
ADMINISTRATION OF OATHS | ||
64 | 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 | Where acknowledgment before notary sufficient. | |
(2) | Alternate acknowledgement | |
PART II
RESPECTING COMMISSIONERS FOR OATHS APPOINTMENT |
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69 | 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 | Date of expiry to appear on document. | |
(2) | Fine for failure. | |
PART III
RESPECTING NOTARIES PUBLIC APPOINTMENT |
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75 | Minister may appoint notaries. | |
76 | Fee payable for appointment of Notary. | |
77 | Duration of commission. | |
(2) | Effect of disbarment, etc. | |
(3) | Expiration after 2 years. | |
78 | Renewal fee. | |
79 | Date of expiration of commission noted. | |
(2) | Penalty. | |
AUTHORITY OF NOTARY | ||
80 | Power of notary. | |
81 | Officer of court and commissioner. | |
PART IV
RESPECTING COMMISSIONS ISSUED ABROAD |
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82 | 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 |
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APPOINTMENT | ||
83 | 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 of office. | |
86 | Notice of appointment of commission. | |
87 | Protection of commissioners. | |
POWER OF COMMISSIONERS | ||
88 | Powers to summon witnesses. | |
(2) | Witnesses to be examined under oath. | |
89 | Commissioner may view premises. | |
90 | Warrant for non-appearance. | |
(2) | Warrant in first instance. | |
91 | Committal for refusal to testify. | |
92 | Police to assist commissioners. | |
93 | Services of experts. | |
(2) | Deputies and officials. | |
(3) | Powers of deputies. | |
94 | Searches free. | |
STATED CASE | ||
95 | 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 | ||
(Section 68(1)) | ||
CERTIFICATE AS TO ACKNOWLEDGMENT OF MAKER OF INSTRUMENT | ||
FORM B | ||
(Section 68(2)) | ||
CERTIFICATE AS TO DECLARATION OF PARTY TO INSTRUMENT, ETC. |