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

65. Where in the circumstances the requirements of both sections 63 and 64 can be satisfied by an expert and an ordinary witness respectively, each may give his opinion of the significance relative to the charge or issue of the same facts.

66. Comparison of a disputed writing with any writing proved to the satisfaction of the court to be genuine may be made by witnesses acquainted with the writing, or skilled in the comparison of writing, or by the court itself; and the writing, and the evidence of witnesses respecting it, may be submitted to the court as evidence of the genuineness or otherwise of the writing in dispute.

67. When disclosure of any facts relative to the charge would, in the opinion of the convening authority, be prejudicial to national defence, good international relations or other national interests, evidence of those facts may not be given at a trial open to the public but, subject to section 68, may be given at a trial when the public has been excluded in accordance with QR&O 112.10.

68. If in the opinion of the convening authority the need for secrecy of information relative to the charge concerning national defence, good international relations or other national interests is so vital that the facts concerned should not be disclosed even at a trial from which the public has been excluded, the charge

• (a) shall not be proceeded with, if in the opinion of the convening authority the accused would be prejudiced unless evidence of those facts is adduced; or

• (b) shall be proceeded with and no evidence of those facts given, if the convening authority is of the opinion that the accused would not be prejudiced if no evidence of those facts is adduced.

• 69. (1) The convening authority shall, in consultation with the Judge Advocate General or his representative, make the decisions required under sections 67 and 68.

• (2) The decisions and opinions of a convening authority under sections 67 and 68 shall be given in writing.

• 70. (1) Subject to subsection (2), a witness who is officially associated with the prosecution may refuse to answer questions concerning the identity of any informant who assisted in furthering the prosecution.

• (2) If, in the opinion of the judge advocate, it is essential to a fair trial that an informant should be identified and called as a witness, the court shall direct a witness referred to in subsection (1) to answer questions as to the identity of the informant.

71. Except as provided in this Division or in an Act of the Parliament of Canada, there is no official or governmental privilege to withhold relevant evidence from a court martial.

72. Except as provided in this Division, no person is privileged to refuse to disclose or to prevent any other person from disclosing a communication or to refuse to produce a document that has passed between them.

• 73. (1) The accused is not a compellable witness, but he may, at his option, give evidence when by Queen’s Regulations and Orders he is permitted to do so.

• (2) Neither the court, the judge advocate nor the prosecutor shall comment upon the failure of an accused to testify.