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

Regulations are current to 2016-01-25

Direct Examination — General Rules

  •  (1) Subject to subsection (2) as soon as a witness has been duly sworn, the party calling him shall examine him by means of oral questions confined to facts that are relevant to the charge.

  • (2) Where a witness is called merely for cross-examination by the opposing party, the party calling him need not examine him.

Direct Examination — Leading Questions

  •  (1) Subject to subsections (2) and (3) and to section 90, the party calling a witness shall not ask him a question that

    • (a) is in a form calculated to suggest the answer to it;

    • (b) contains a statement of some fact material to the issue, and that the witness could answer by a simple affirmative or negative; or

    • (c) leads the mind of the witness to a particular subject.

  • (2) Subsection (1) of this section does not apply to a question

    • (a) as to introductory matter;

    • (b) as to undisputed matter; or

    • (c) to contradict an account that a witness called by the opposite party has given of an extra-judicial utterance.

  • (3) A question is not forbidden on the ground that it leads the mind of a witness to a particular subject if it will tend to elicit fairly in the circumstances the honest belief of the witness.

Hostile Witness

  •  (1) If the prosecutor or accused concludes during the direct examination or re-examination of a witness called by him that the witness is

    • (a) directly hostile to him, or

    • (b) unwilling to give evidence,

    the party calling the witness may apply for a declaration that the witness is hostile.

  • (2) If the judge advocate declares a witness to be hostile, the party who called him may cross-examine him during the remainder of his testimony, whether on direct examination or re-examination.

  • (3) A declaration that a witness is hostile shall not affect the rights of the opposite party to cross-examine him.

Recorded Past Recollection

  •  (1) Where a witness, when the facts are fresh in his mind, has made or verified a written record of them, and is able to swear to the accuracy of that record, it is, subject to subsection (2), admissible as part of his testimony, even though he does not have an independent recollection of the facts disclosed in the record.

  • (2) Before a record of past recollection can be introduced in evidence, it must be shown to have been made or verified at a time when it was sufficiently fresh and vivid in the mind of the witness to make it trustworthy.

  • (3) Where the original record has been lost or destroyed, a copy that was verified by comparison with the lost original, or verified apart from the original while the recollection of the witness was still fresh, may be used under subsection (1).

Refreshing Memory of Witness

  •  (1) A witness may be shown a written document to enable him to recall a fact that he has forgotten and, if he then recalls that fact, he may testify to it as he would do any other fact that he has perceived.

  • (2) In order to refresh his memory, a witness may use documents that are not themselves admissible in evidence.

  • (3) Documents used under subsection (1)

    • (a) may be inspected by the judge advocate solely for the purpose of determining whether or not they could properly refresh the memory of the witness; and

    • (b) must be shown to the opposite party, on demand, for inspection and use in questioning the witness.

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