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

Regulations are current to 2014-08-05

Burden of Producing Evidence

  •  (1) The burden of producing evidence of a material fact or on an issue is in the first instance upon the party who has the burden of persuasion on that fact or issue.

  • (2) The burden of producing evidence of a material fact or on an issue shifts to the other party during the course of a trial when the party on whom for the time being the burden of producing evidence rests has

    • (a) produced evidence that reasonable men might consider has proved the fact in issue to the extent that is required to be proved by that party; or

    • (b) established the fact in his favour by a rebuttable presumption of law under section 13.

Rebuttable Presumptions of Law

 A rebuttable presumption of law applies in a trial when the offence to which it is applicable is in issue.

PART IIJUDICIAL NOTICE

Division IIIJudicial Notice

Limitation on Judicial Notice

 Except as authorized by these Rules, a court shall not take judicial notice of a fact or matter.

Required Judicial Notice

  •  (1) A court shall, whether or not requested to do so by the prosecutor or the accused, take judicial notice of

    • (a) the accession and death of the Sovereign;

    • (b) the title and sign manual of the Sovereign;

    • (c) the constitution of Canada;

    • (d) the Great Seal of Canada;

    • (e) Acts and resolutions of the Parliament of Canada;

    • (f) Acts and resolutions of the legislatures of the provinces and Territories of Canada;

    • (g) the territorial limits of Canada and of the provinces of Canada;

    • (h) the existence of an emergency recognized by the Government of Canada;

    • (i) the component or unit being on active service; and

    • (j) the status of foreign governments.

  • (2) A court shall, whether or not requested to do so by the prosecutor or the accused, take judicial notice of the contents of, but not of the publication or sufficiency of notification of, proclamations, orders in council, ministerial orders, warrants, letters patent, rules, regulations or by-laws made directly under authority of a public Act of the Parliament of Canada or of the legislature of a province of Canada, including but not limited to QR&O and orders and instructions issued in writing by or on behalf of the Chief of the Defence Staff under QR&O 1.23.

Discretionary Judicial Notice

  •  (1) Subject to section 18, a court may, whether or not requested to do so by the prosecutor or the accused, take judicial notice of the contents of

    • (a) law reports containing decisions, and the reasons therefor, of the Court Martial Appeal Board and appeal courts mentioned in sections 201 and 208 of the National Defence Act;

    • (b) the Canada Gazette and official gazettes of the provinces of Canada;

    • (c) subject to Division IV and to proof of identity of the person named therein,

      • (i) records of findings made and sentences passed at courts martial and summary trials, but not of the evidence adduced thereat,

      • (ii) records of the disposition made on appeals from courts martial or reviews of courts martial or petitions for new trial, and

      • (iii) subject to section 105, certificates of civil courts setting forth an offence for which a person was tried, and the judgment or order of the court thereon;

    • (d) official and departmental reports, forms, documents, commissions, and other papers purporting to be printed by the Queen’s Printer, or by the Queen’s Printer of a province of Canada; and

    • (e) books and other publications, and amendments to them, that are authorized officially for military use.

  • (2) Subject to section 18, a court may, whether or not requested to do so by the prosecutor or the accused, take judicial notice of

    • (a) all matters of general service knowledge;

    • (b) particular facts and propositions of general knowledge that, in view of the state of commerce, industry, history, language, science or human activity, are at the time of the trial so well known in the community where the offence is alleged to have been committed that they are not the subject of reasonable dispute; and

    • (c) particular facts and propositions of general knowledge, the accuracy of which is not the subject of reasonable dispute, that are capable of immediate and accurate verification by means of readily available sources.