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

• 84. (1) Corroboration means independent evidence that confirms in some material particular not only the evidence that the offence has been committed, but also that the accused committed it.

• (2) The independent testimony mentioned in subsection (1) need not be direct evidence that the accused committed the offence but may be circumstantial evidence of his connection with the offence.

• (3) Corroboration may be found in the evidence of the accused or in the evidence of other witnesses whether called for the defence or for the prosecution.

85. Where, under the Criminal Code or any other Act of Parliament, corroboration of the evidence of a particular witness is required in the trial of a particular issue by a civil court in a criminal case, the same corroboration is required in a trial of that issue by a court martial.

• 86. (1) Where a proposed witness who is a competent witness under section 79 is a person under 14 years of age or a person whose mental capacity is challenged, the judge advocate shall, before permitting the person to give evidence, determine

  • (a) whether the person understands the nature of an oath or a solemn affirmation; and

  • (b) whether the person is able to communicate the evidence.

• (2) A person referred to in subsection (1) who understands the nature of an oath or a solemn affirmation and is able to communicate the evidence shall testify under oath or solemn affirmation.

• (3) A person referred to in subsection (1) who does not understand the nature of an oath or solemn affirmation but is able to communicate the evidence may testify on promising to tell the truth.

• (4) A person referred to in subsection (1) who does not understand the nature of an oath or a solemn affirmation and who is not able to communicate the evidence shall not testify.

• (5) A party who challenges the mental capacity of a proposed witness of 14 years of age or more has the burden of satisfying the judge advocate that there is an issue as to the capacity of the proposed witness to testify under oath or solemn affirmation.

• 87. (1) Subject to QR&O 112.05, the order of testimony, generally, shall be

  • (a) direct examination, that is, the party calling a witness may interrogate him on facts relevant to his case;

  • (b) cross-examination, that is, the opposing party then may interrogate the witness on relevant matters, including matters that may tend to discredit the testimony of the witness or support the case of the opposing party; and

  • (c) re-examination, that is, the party who called the witness then may interrogate him on matters arising out of the opposing party’s cross-examination.

• (2) The president, the judge advocate or, with the permission of the president, any member of the court, may put further questions to a witness either during or at the conclusion of the examination described in subsection (1).

• (3) If a witness has been questioned under subsection (2), the prosecutor or accused may, with the permission of the president, put to him such questions relative to the answers as seem proper to the court.