Military Rules of Evidence (C.R.C., c. 1049)

Regulations are current to 2016-01-25

Proof of Documents by Primary Evidence

  •  (1) Except where secondary evidence of a document is permitted under this section, the existence, character or content of a document shall be proved by primary evidence in accordance with subsection (2).

  • (2) A document is proved by primary evidence by the production of the original document for the inspection of the court and identification of it by a qualified witness as the document it is alleged or appears to be.

  • (3) For the purposes of this section, qualified witness includes

    • (a) the maker of the document;

    • (b) a person who perceived the making of it; or

    • (c) a person who is properly entrusted with the custody of the document along with others of the same class or type.

Proof of Documents by Secondary Evidence

  •  (1) Secondary evidence of the existence, character or content of a document may be given in accordance with subsection (2) when

    • (a) the original document is not available for any reason other than the wrongdoing of the party offering the secondary evidence;

    • (b) the original is a public document;

    • (c) the original is a document that may be proved by secondary evidence before a civil court sitting in Ottawa in a trial of a similar charge, in which case proof may be given in the manner permitted in that court; or

    • (d) the originals consist of numerous documents which cannot conveniently be examined in court, and the fact to be proved is the general result of the whole and is capable of being ascertained by calculation.

  • (2) Secondary evidence, either direct or circumstantial, as to the existence, character or content of a document may be given by oral testimony or documents or by an admission under paragraph 8(d) or 37(b) and, without restricting the generality of the foregoing, will usually be given

    • (a) by producing a copy and calling a witness who can testify that the copy is correct; or

    • (b) where no copy is obtainable, by calling a witness who has seen the original and can give a reliable account of its character or content.

Proof of Public Documents

  •  (1) Proof of the existence, character or content of a public document may be given by primary evidence or secondary evidence.

  • (2) Without limiting the forms of secondary evidence available, they include

    • (a) an examined copy of, or extract from, a public document proved under subsection 104(2);

    • (b) the copy received by the addressee, when a public document is communicated by letter, radio, teletype, landline, visual signalling or other reliable means; and

    • (c) a copy of, or extract from, a public document signed and certified as a true copy or extract by an official entrusted with custody of the original.

  • (3) The signature and appropriate official character of the person purporting to have signed and certified the copy or extract mentioned in paragraph (2)(c) shall, prima facie, be deemed authentic as they appear, and, unless the other party produces evidence that it is probably not authentic, the party seeking to rely on the document need give no evidence of the authenticity of the copy or extract in addition to its appearance.

  • (4) The documents referred to in sections 19, 21, 22, 23, 24, 25, 26, 27, 31 and 32 of the Canada Evidence Act are public documents within the meaning of these Rules and may be proved as provided in those sections.

  • (5) For the purpose of proving a conviction under subsection 99(3), a certificate containing the substance of the charge and conviction, purporting to be signed by the officer having the custody of the records of the court in which the offender was convicted, or by his deputy, shall, upon proof of the identity of the witness as the offender, be evidence of the conviction, without proof of the signature or of the offical character of the person appearing to have signed the certificate.

Proof of Regular Entries

 A record in any business of an act, condition or event is proved by the custodian of the record or other qualified person testifying

  • (a) to its identity,

  • (b) to its mode of preparation, and

  • (c) to its having been made in the usual and ordinary course of business, at or near the time of the act, condition or event,

if, in the opinion of the judge advocate, the sources of information and the method and time of preparation were such as to justify its admission as evidence of possibly significant weight.

Bankers’ Books

  •  (1) For the purposes of this section,

    bank

    bank means an establishment or corporation in any country authorized to receive deposits and to pay out money on a customer’s order, and includes its agencies and successors; (banque)

    branch

    branch means an office of a bank, and includes the head office of that bank. (succursale)

  • (2) Subject to subsections (3) and (6), a copy of an entry in any book or record kept in a bank or branch is admissible as evidence of the entry, and of the matters, transactions and accounts therein recorded.

  • (3) A copy of an entry in a book or record kept in a bank or branch shall not be admitted under this article unless it is first proved

    • (a) that the book or record was, at the time of making the entry, one of the ordinary books or records of the bank or branch,

    • (b) that the entry was made in the usual and ordinary course of business,

    • (c) that the book or record is in the custody or control of the bank or branch, and

    • (d) that the copy is a true copy,

    and the proof of any of these matters may be given by the manager or accountant or a former manager or accountant of the bank or branch, and may be given orally or by affidavit or statutory declaration.

  • (4) When a cheque has been drawn on a branch by any person, an affidavit or statutory declaration of the manager or accountant of the branch setting out that

    • (a) he has made a careful examination and search of the books and records of the branch for the purpose of ascertaining whether or not that person has an account with the branch, and

    • (b) he has been unable to find such an account,

    shall be admissible as evidence that the person has no account in the branch.

  • (5) A statement of the official character of a person making an affidavit or statutory declaration may be included in the body of the affidavit or statutory declaration admissible under this section and when so included is evidence of the official character of that person.

  • (6) Unless by order of the court made for special cause, a bank or officer of a bank shall not be compellable to produce any book or records the contents of which can be proved in the manner prescribed by this Division, or to appear as a witness to prove the matters, transaction, and accounts therein recorded.

 
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