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

Regulations are current to 2014-09-15

Expert Opinion as Hearsay

 When the opinion evidence of an expert admissible under Division VIII is based in whole or in part on the hearsay statement of another expert in the same field, that statement is admissible as part of or as a basis for the opinion evidence.

Statements in Learned Treatises

 Statements in a learned treatise are admissible in evidence if the treatise is identified as authoritative by a witness who is expert in the field with which the treatise is concerned, and any expert in the same field may be asked to explain statements in the treatise.

Statutory Declarations

 A relevant statement contained in a statutory declaration is admissible under subsection 159(2) of the National Defence Act.

Mode of Proving Documentary Statements and Effect of Admission

  •  (1) Except where special provision is made in these Rules, the party who seeks to rely on a documentary statement admissible under this Division must prove the existence, character and content of the document concerned by primary or secondary evidence in accordance with Division XII.

  • (2) The admission of a document does not mean that statements contained in it must be accepted as accurate.

  • (3) The probative value of a documentary statement, the character and content of which has been established, is a matter for the court to determine.

Kinds of Hearsay not Specifically Covered

 A hearsay statement of a kind not specifically dealt with in Divisions V, VI and VII is admissible and may be quoted by a reporting witness, if

  • (a) it would be admissible in a trial involving the same charge or issue in a civil court sitting in Ottawa; and

  • (b) its admission would not reduce in any way the rights and privileges of the accused against self-incrimination as provided by these Rules.

Division VIIIOpinion

Opinion — General Rule

 Except as provided in this Division and Divisions IV and VII, the opinion of a witness is not admissible in evidence.

Expert Witness

  •  (1) When permitted to give an opinion under this Division or Division VII, an expert witness may give the court that opinion whether or not he has observed the facts needing further interpretation.

  • (2) Unless leave is granted by the judge advocate before any experts have been called by a party, not more than three experts may be examined by that party.

Opinion of Expert Witness

  •  (1) When a matter is within the special knowledge of an expert witness, he may give his expert opinion of the direct or indirect significance relative to the charge or issue

    • (a) of certain relevant facts that have been or may be established by evidence; and

    • (b) hypothetically on the basis of any acceptable version of the facts.

  • (2) An expert witness may be questioned as to the grounds of his opinion, and in answering may quote the hearsay statement of another expert in the same field.

Opinion Evidence of Ordinary Witness

  •  (1) Subject to subsections (2) and (3), an ordinary witness may give his opinion of the significance relative to the charge or issue of certain relevant facts needing further interpretation if

    • (a) those facts were observed or experienced by him; and

    • (b) the inference embodied in his opinion is of a type that persons without special competence in such matters are qualified to make with some accuracy on the basis of their everyday knowledge or experience.

  • (2) An ordinary witness may give his opinion under subsection (1) whether or not he can remember the particular personally observed or experienced facts on which he based his opinion, if it was so based.

  • (3) An ordinary witness shall not give his opinion under subsection (1) if the members of the court are clearly in as good a position as is the witness himself to form the necessary opinion.

  • (4) When permitted to give an opinion under subsection (1), an ordinary witness may be questioned as to the grounds of his opinion.