R.S.M. 1987, c. E150

The Manitoba Evidence Act

Back to the Act

Table of Contents

1		Definitions.
PART I RESPECTING EVIDENCE GENERALLY
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
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
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
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
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.