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

Regulations are current to 2016-01-25

Proof of Date, Handwriting and Signature of Documents

  •  (1) Documents are presumed to have been executed on the date of execution stated therein but, where there is no date, a wrong date, or conflicting dates, the true date may be proved by oral or other evidence.

  • (2) When the handwriting of or signature on an unattested document is in issue, the disputed fact may be proved

    • (a) by the testimony of

      • (i) the writer of the document,

      • (ii) a witness who saw the document signed, or

      • (iii) a witness who can satisfy the court that he knows the writing in question;

    • (b) by a comparison of the disputed writing with other writing proved to the satisfaction of the court to be genuine; or

    • (c) by an admission under paragraph 8(d) or 37(b).

Proof of Execution of Attested Documents

 When the execution of an attested document is in issue, whether or not attestation is required by statute for its effective execution, no attestor is a necessary witness even if all attestors are available.

Division XIIIReal Evidence

Admissibility of Real Evidence

  •  (1) Subject to subsection (2), real evidence is admissible whenever the existence, identity or the quality or condition of a person or thing is relevant.

  • (2) Unless the quality or condition of a document is in issue it is not admissible as real evidence.

Introduction of Real Evidence

 Real evidence may be introduced in the following ways:

  • (a) by the production by a witness of the material object for inspection of the court;

  • (b) by experimentation in the presence of the court; or

  • (c) by a visit of the court to view a place, thing or person, under QR&O 112.63.

Division XIVForeign Law

Foreign Law

  •  (1) The law of a country other than Canada relevant to a charge or issue is proved by an expert witness testifying as to that law.

  • (2) The judge advocate shall, if he so desires or the court so requests, advise the court on the effect of the evidence of an expert witness as to the law of a country other than Canada, and the meaning or construction of that law as proved.

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