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

Regulations are current to 2014-04-02

Examination of Witnesses — Incriminating Questions

  •  (1) A witness shall not refuse to answer a question put to him on the ground that the answer may tend to incriminate him or may tend to establish his liability to a civil proceeding at the instance of the Crown or of any person.

  • (2) Except in so far as the evidence given by a witness is relevant to a charge against him involving perjury, giving false or contradictory evidence, or making a false or contradictory statement, evidence given by a witness shall not be admissible in any subsequent proceeding against him.

Credibility of Witness Generally

 Subject to subsection 94(2) and sections 99, 100 and 101, the prosecutor or accused may, at the proper stage of the trial, by cross-examination or by other witnesses, introduce evidence relevant to the credibility of a witness of the other party.

Credibility — Effect of Answers

  •  (1) Where a witness has given testimony on matters not material to the charge, he may be cross-examined on that testimony to test his credibility, but subject to subsections (2) and (3), his answers on cross-examination are conclusive in the sense that the cross-examining party may not call witnesses to contradict them.

  • (2) A witness may be cross-examined on matters not material to the charge to test his credibility by disclosing emotional prejudice and, if the witness denies the facts that show his bias or partiality, the cross-examining party may prove these facts by the testimony of other witnesses.

  • (3) If a witness who has been convicted of an offence is asked whether he has been convicted of any offence, and he denies the fact or refuses to answer, the cross-examining party may prove the conviction.

Credibility — Use of Former Statements to Contradict

  •  (1) For the purposes of this section, “statement” does not include

    • (a) a statement that a regulation prescribes is not to be used at a trial; or

    • (b) when the accused is a witness, an official or unofficial confession by him that has not been admitted under section 40 or 42, respectively.

  • (2) A witness may be cross-examined in accordance with this article as to a previous statement made by him relative to the charge.

  • (3) Subject to subsection (4), a witness may be cross-examined on a statement in writing or reduced to writing without the writing being shown to him.

  • (4) When a previous statement of a witness is inconsistent with his present evidence and the witness does not admit making the statement, proof may be given that he did make it, but before the proof is given

    • (a) when the statement

      • (i) is in writing or reduced to writing, his attention shall be called to the parts of the writing that are to be used to contradict him, or

      • (ii) was oral, the circumstances of the statement sufficient to designate the particular occasion shall be mentioned to him; and

    • (b) he shall be asked whether or not he did make the statement.

  • (5) A writing mentioned in subsection (4), shall, if the judge advocate so requires, be produced for his inspection and decision as to whether or not it may be used for the purpose of contradicting the witness and, if allowed for this purpose, may be used only to the extent necessary to prove that the witness made the statement contained in it.

  • (6) A previous statement proved under this section shall not be considered as evidence of the facts therein but may be considered in so far as it is relevant to the credibility of the witness.