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

• 93. (1) Subject to this section and to sections 94, 98, 99, 100 and 101, when a witness is called by one party and sworn, the opposite party may cross-examine him at the proper stage of the trial.

• (2) A witness who has been called and sworn may be cross-examined even if direct examination is waived or if the party calling him asks no questions.

• (3) The cross-examining party may interrogate a witness on

  • (a) matters already dealt with in the direct examination;

  • (b) other relevant facts that constitute part of the cross-examining party’s own case; and

  • (c) subject to subsection (6), matters that, though otherwise irrelevant, tend to impeach the credit of the witness.

• (4) The provisions of section 89 do not apply to the cross-examination of a witness.

• (5) The cross-examining party shall not put questions to a witness in a bullying way or in any other manner calculated to confuse or mislead the witness unnecessarily, or to insult him.

• (6) Where a question is put to a witness as to a matter that is not relevant except in so far as it affects the credibility of the witness, and the witness objects to answering the question, the judge advocate shall consider whether the witness should be compelled to answer it, and if the judge advocate is of the opinion that the imputation conveyed by the question, would, if true,

  • (a) seriously affect the opinion of the court as to the credibility of the witness, he shall require the witness to answer the question; or

  • (b) not seriously affect the opinion of the court as to the credibility of the witness, he shall excuse the witness from answering the question.

• 94. (1) A witness shall not be cross-examined where

  • (a) he was called merely to produce a document of which

    • (i) proof is not required, or

    • (ii) proof is to be given by the testimony of other witnesses;

  • (b) he was called in error and knows nothing of the facts in issue; or

  • (c) his examination has been stopped by the court before a material question has been put.

• (2) A witness called and sworn but not asked any questions by the party calling him, being merely offered for cross-examination, shall not be asked, in cross-examination, questions the sole purpose of which is to discredit him.

95. The judge advocate may allow the cross-examination of a witness to be postponed where, in his opinion, the application for postponement is not made for purposes of obstruction.

• 96. (1) Subject to subsection (2), the party calling a witness may re-examine him for the purpose of meeting or explaining what has been brought out in cross-examination.

• (2) Unless otherwise permitted by the judge advocate, the re-examination of a witness shall be confined to interrogation on matters arising out of cross-examination.

• (3) The provisions of section 89 shall apply to the re-examination of a witness.