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

30. Where a person has participated in or observed acts or events with which the charge in question is concerned, and these acts or events were of an exciting, startling or shocking character, words about them spoken spontaneously by the participant or observer, while he was under the influence of the original excitement or shock engendered by those acts or events, whether during or after their occurrence, are admissible and may be quoted by a reporting witness.

• 31. (1) For the purposes of this section,

  “complainant”

  “complainant” means a person who made a complaint; plaignant

  “complaint”

  “complaint” means an extra-judicial statement concerning an offence made after the alleged commission of that offence to a person other than the accused by the person in respect of whom it is alleged to have been committed. plainte

• (2) Except as otherwise provided in these Rules, a complaint is not admissible.

• (3) The fact of a complaint having been made is admissible.

• (4) [Revoked, SOR/90-306, s. 1]

32. The words of a deceased person whose death is the subject of the charge are admissible and may be quoted by a reporting witness if

• (a) they are concerned with the facts leading up to or attending the injurious act that resulted in the declarant’s death;

• (b) they were spoken while the declarant had a settled hopeless expectation that his death was near, whether or not death did thereafter occur as or when expected; and

• (c) it appears that the declarant had completed uttering what he wished to say before death intervened.

33. An extra-judicial statement made during the lifetime of a declarant since deceased is, in so far as it relates to the charge, admissible and may be quoted or submitted by a reporting witness as proof of the facts, which it was the duty of the declarant in the ordinary course of his business to include in that statement, if the declarant

• (a) had a personal knowledge of the facts;

• (b) had a duty to make the statement in the ordinary course of his business;

• (c) made the statement at or near the time of the act or event to which it relates; and

• (d) had no motive to misrepresent the facts.

34. When, in accordance with section 21, a witness is called at a court to testify as to the reputation of the accused respecting traits of his character relevant to the charge, the hearsay statements on this subject of other persons who had or who have some significant direct or indirect association with the accused are admissible and may be quoted by the witness.

• 35. (1) For the purposes of this section, “self-serving evidence” means any extra-judicial statement of the accused, or evidence of any other nature manufactured, created or arranged by the accused, that tends to exonerate him of the charge.

• (2) Except to the extent that it may be admissible under section 27, 28, 29, 30 or 60, and subject to the right of the accused to give evidence, self-serving evidence is not admissible when submitted by an accused.