GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Military Rules of Evidence — 52
52 (1) For the purposes of this section, a public officer of a country other than Canada is a person who in the opinion of the judge advocate appears to hold an equivalent position and to possess similar authority to a Canadian public officer. (2) The judge advocate may permit a documentary statement made for an official purpose by a public officer of a country other than Canada to be admitted in evidence to the same extent and in the same manner that an equivalent Canadian public document would be admissible under section 51 and Division XII.
Military Rules of Evidence — 53
53 Subject to section 55, and without limiting the general provisions of section 51, the following classes of service documents are deemed to be public documents and may be proved in the manner provided in Division XII without requiring the personal appearance of the maker as a witness: (a) orders and instructions issued in writing by or on behalf of military commanders under the authority of Queen’s Regulations and Orders; (b) official gradation and seniority lists; and (c) documents and records kept for official purposes, including those kept in respect of officers and men.
Military Rules of Evidence — 54
54 Subject to section 55, a record in any business of an act, condition or event, in so far as relevant, shall be admissible in evidence if proved under section 106 or 107.
Military Rules of Evidence — 55
55 Except as specified in this article, and notwithstanding sections 51, 52, 53 and 54, the following documents shall not be admitted in evidence at a court martial: (a) a synopsis prepared pursuant to QR&O 109.02; (b) a report of a civil or military investigation relating to the alleged offence; (c) a document that contains a statement classifiable as an official or unofficial confession by the accused except when such evidence is admissible under Division VI; (d) the record of evidence given before, or the findings or decision of, another judicial or official tribunal or body specifically concerned with the investigation of or punitive action in relation to, the acts and events that form the subject of the charge against the accused before the court martial in question except when necessary as evidence in support of a plea of the accused in bar of trial on the basis of a previous acquittal or conviction for the same offence in accordance with section 56 of the National Defence Act and QR&O 112.24, or when admissible under section 40 or 50; or (e) the record of a previous conviction of the accused by a judicial or disciplinary tribunal, except when such evidence is admissible under paragraph (d), Division IV or section 99.
Military Rules of Evidence — 56
56 When the opinion evidence of an expert admissible under Division VIII is based in whole or in part on the hearsay statement of another expert in the same field, that statement is admissible as part of or as a basis for the opinion evidence.
Military Rules of Evidence — 57
57 Statements in a learned treatise are admissible in evidence if the treatise is identified as authoritative by a witness who is expert in the field with which the treatise is concerned, and any expert in the same field may be asked to explain statements in the treatise.
Military Rules of Evidence — 58
58 A relevant statement contained in a statutory declaration is admissible under subsection 159(2) of the National Defence Act .
Military Rules of Evidence — 59
59 (1) Except where special provision is made in these Rules, the party who seeks to rely on a documentary statement admissible under this Division must prove the existence, character and content of the document concerned by primary or secondary evidence in accordance with Division XII. (2) The admission of a document does not mean that statements contained in it must be accepted as accurate. (3) The probative value of a documentary statement, the character and content of which has been established, is a matter for the court to determine.
Military Rules of Evidence — 60
60 A hearsay statement of a kind not specifically dealt with in Divisions V, VI and VII is admissible and may be quoted by a reporting witness, if (a) it would be admissible in a trial involving the same charge or issue in a civil court sitting in Ottawa; and (b) its admission would not reduce in any way the rights and privileges of the accused against self-incrimination as provided by these Rules.
Military Rules of Evidence — 61
61 Except as provided in this Division and Divisions IV and VII, the opinion of a witness is not admissible in evidence.
Military Rules of Evidence — 62
62 (1) When permitted to give an opinion under this Division or Division VII, an expert witness may give the court that opinion whether or not he has observed the facts needing further interpretation. (2) Unless leave is granted by the judge advocate before any experts have been called by a party, not more than three experts may be examined by that party.
Military Rules of Evidence — 63
63 (1) When a matter is within the special knowledge of an expert witness, he may give his expert opinion of the direct or indirect significance relative to the charge or issue (a) of certain relevant facts that have been or may be established by evidence; and (b) hypothetically on the basis of any acceptable version of the facts. (2) An expert witness may be questioned as to the grounds of his opinion, and in answering may quote the hearsay statement of another expert in the same field.
Military Rules of Evidence — 64
64 (1) Subject to subsections (2) and (3), an ordinary witness may give his opinion of the significance relative to the charge or issue of certain relevant facts needing further interpretation if (a) those facts were observed or experienced by him; and (b) the inference embodied in his opinion is of a type that persons without special competence in such matters are qualified to make with some accuracy on the basis of their everyday knowledge or experience. (2) An ordinary witness may give his opinion under subsection (1) whether or not he can remember the particular personally observed or experienced facts on which he based his opinion, if it was so based. (3) An ordinary witness shall not give his opinion under subsection (1) if the members of the court are clearly in as good a position as is the witness himself to form the necessary opinion. (4) When permitted to give an opinion under subsection (1), an ordinary witness may be questioned as to the grounds of his opinion.
Military Rules of Evidence — 65
65 Where in the circumstances the requirements of both sections 63 and 64 can be satisfied by an expert and an ordinary witness respectively, each may give his opinion of the significance relative to the charge or issue of the same facts.
Military Rules of Evidence — 66
66 Comparison of a disputed writing with any writing proved to the satisfaction of the court to be genuine may be made by witnesses acquainted with the writing, or skilled in the comparison of writing, or by the court itself; and the writing, and the evidence of witnesses respecting it, may be submitted to the court as evidence of the genuineness or otherwise of the writing in dispute.
Military Rules of Evidence — 67
67 When disclosure of any facts relative to the charge would, in the opinion of the convening authority, be prejudicial to national defence, good international relations or other national interests, evidence of those facts may not be given at a trial open to the public but, subject to section 68, may be given at a trial when the public has been excluded in accordance with QR&O 112.10.
Military Rules of Evidence — 68
68 If in the opinion of the convening authority the need for secrecy of information relative to the charge concerning national defence, good international relations or other national interests is so vital that the facts concerned should not be disclosed even at a trial from which the public has been excluded, the charge (a) shall not be proceeded with, if in the opinion of the convening authority the accused would be prejudiced unless evidence of those facts is adduced; or (b) shall be proceeded with and no evidence of those facts given, if the convening authority is of the opinion that the accused would not be prejudiced if no evidence of those facts is adduced.
Military Rules of Evidence — 69
69 (1) The convening authority shall, in consultation with the Judge Advocate General or his representative, make the decisions required under sections 67 and 68. (2) The decisions and opinions of a convening authority under sections 67 and 68 shall be given in writing.
Military Rules of Evidence — 70
70 (1) Subject to subsection (2), a witness who is officially associated with the prosecution may refuse to answer questions concerning the identity of any informant who assisted in furthering the prosecution. (2) If, in the opinion of the judge advocate, it is essential to a fair trial that an informant should be identified and called as a witness, the court shall direct a witness referred to in subsection (1) to answer questions as to the identity of the informant.
Military Rules of Evidence — 71
71 Except as provided in this Division or in an Act of the Parliament of Canada, there is no official or governmental privilege to withhold relevant evidence from a court martial.
Military Rules of Evidence — 72
72 Except as provided in this Division, no person is privileged to refuse to disclose or to prevent any other person from disclosing a communication or to refuse to produce a document that has passed between them.
Military Rules of Evidence — 73
73 (1) The accused is not a compellable witness, but he may, at his option, give evidence when by Queen’s Regulations and Orders he is permitted to do so. (2) Neither the court, the judge advocate nor the prosecutor shall comment upon the failure of an accused to testify.
Military Rules of Evidence — 74
74 (1) Subject to subsection (2), the spouse of the accused may not be compelled to testify either on behalf of the defence or the prosecution. (2) The spouse of the accused may be compelled to testify for the prosecution without the consent of the accused in cases where the accused is charged (a) with inflicting personal injuries by violence or coercion on his spouse; or (b) under section 120 of the National Defence Act with an offence under sections 33 and 34 of the Juvenile Delinquents Act or with an offence under sections 143 to 146, 148, 150 to 155, 157, 166, 167, 168, 169, 175, 195, 197, 200, 248 to 250, 255 to 258, 275, paragraph 423(c) of the Criminal Code , or an attempt to commit an offence under section 146 or 155 of the Criminal Code . (3) Neither the court, the judge advocate nor the prosecutor shall comment upon the failure of the spouse of an accused to testify.
Military Rules of Evidence — 75
75 A husband is not compellable to disclose any communication made to him by his wife during their marriage, and a wife is not compellable to disclose any communication made to her by her husband during their marriage.
Military Rules of Evidence — 76
76 The position of a witness at a court martial in respect of incriminating questions is governed by section 97.
Military Rules of Evidence — 77
77 (1) For the purposes of this section, legal adviser means (a) a defending officer, counsel or adviser qualified under QR&O 111.60; and (b) a solicitor. (2) A legal adviser is not permitted, except with his client’s express consent, to disclose, either during or after the termination of his employment, (a) any communication, oral or documentary, made to him as legal adviser, by or on behalf of his client; or (b) any advice given to his client by him as legal adviser. (3) A clerk, stenographer or assistant of a legal adviser is not permitted to disclose any matter relevant to the case of a client of that legal adviser learned by him or disclosed to him in the course of his employment except with the express consent of that client. (4) No person may be compelled to disclose any communication that he has made to his legal adviser. (5) Subsections (2), (3) and (4) do not apply to (a) a communication made in furtherance of any criminal purposes; or (b) a fact that the legal adviser became acquainted with otherwise than in his character as legal adviser or that his clerks, stenographers or assistants became acquainted with otherwise than in the course of their employment.
Military Rules of Evidence — 78
78 (1) For the purposes of this section, penitential communication means a confession of culpable conduct made secretly and in confidence by a person to a clergyman or priest in the course of the discipline or practice of the church or religious denomination or organization of which the person making the penitential communication is a member. (2) A person making or receiving a penitential communication may refuse to disclose, or prevent a witness from disclosing, that communication if he claims the privilege and the judge advocate finds (a) the communication was a penitential communication; and (b) the witness is the person who made the penitential communication or the clergyman or priest to whom it was made.
Military Rules of Evidence — 79
79 Every person is competent as a witness unless the judge advocate finds that he is incapable of (a) communicating his evidence so as to be understood by the court, whether by expressing himself directly, through interpretation by a person who can understand him or in any other manner; or (b) understanding the duty of a witness to tell the truth. SOR/90-306, s. 2
Military Rules of Evidence — 80
80 (1) Subject to subsection (2), a witness may testify only to relevant matters that he has perceived with his own senses. (2) A witness may testify to matters that he has not perceived with his own senses when permitted to do so under Part III, or under section 82.
Military Rules of Evidence — 81
81 A witness is an expert witness and is qualified to give testimony if the judge advocate finds that (a) to perceive, know or understand the matter concerning which the witness is to testify requires special knowledge, skill, experience or training; (b) the witness has the requisite knowledge, skill, experience or training; and (c) the expert testimony of the witness would substantially assist the court.
Military Rules of Evidence — 82
82 (1) For the purposes of this section, graphic medium means a model, map, diagram, photograph or other pictorial or graphic mode of description and includes a record of data, experience, communications or events made by accurate mechanical, electrical or other scientific methods. (2) Subject to subsections (3), (4) and (5), testimony may be given or supplemented by a graphic medium. (3) A graphic medium shall be presented as part of the testimony of a witness who has sufficient knowledge of the facts represented to prove that the graphic medium used does accurately represent them. (4) A photograph or other mode of depicting facts, made with scientific apparatus that is capable of disclosing data not perceivable by the unaided senses, may be admitted as part of the evidence of a witness who can prove that the apparatus was of a standard make, in good condition and used by a competent operator. (5) If proved to be trustworthy, a mechanical, electrical or other device may be employed to display or render audible to the court the data, experience, communications or events recorded by a graphic medium admitted under this section.
Military Rules of Evidence — 83
83 (1) When evidence is given by a person who may be an accomplice, the judge advocate shall (a) instruct the court as to what in law makes a person an accomplice; (b) direct the attention of the court particularly to the facts in evidence implicating the witness in the offence charged; and (c) submit to the court the issue as to whether or not the facts implicating the witness would make him an accomplice. (2) Subject to the directions given in connection with sections 85 and 86, if the only evidence against the accused is that given by a witness who may be an accomplice, the judge advocate shall, either (a) instruct the court that, if it concludes that the witness was at any stage an accomplice in the offence charged, there is danger of injustice in convicting the accused of that offence upon the evidence of the apparent accomplice standing alone and uncorroborated, but it is at liberty to do so; or (b) advise the court not to convict on the uncorroborated evidence of the apparent accomplice, but that it is at liberty to do so if it chooses. (3) The evidence of one accomplice is not corroborative of the evidence of another accomplice. (4) Subject to statutory provisions as to corroboration or the number of witnesses necessary for conviction, if the court considers an accomplice to be a credible witness his evidence may of itself be sufficient for a conviction.
Military Rules of Evidence — 84
84 (1) Corroboration means independent evidence that confirms in some material particular not only the evidence that the offence has been committed, but also that the accused committed it. (2) The independent testimony mentioned in subsection (1) need not be direct evidence that the accused committed the offence but may be circumstantial evidence of his connection with the offence. (3) Corroboration may be found in the evidence of the accused or in the evidence of other witnesses whether called for the defence or for the prosecution.
Military Rules of Evidence — 85
85 Where, under the Criminal Code or any other Act of Parliament, corroboration of the evidence of a particular witness is required in the trial of a particular issue by a civil court in a criminal case, the same corroboration is required in a trial of that issue by a court martial. SOR/90-306, s. 3
Military Rules of Evidence — 86
86 (1) Where a proposed witness who is a competent witness under section 79 is a person under 14 years of age or a person whose mental capacity is challenged, the judge advocate shall, before permitting the person to give evidence, determine (a) whether the person understands the nature of an oath or a solemn affirmation; and (b) whether the person is able to communicate the evidence. (2) A person referred to in subsection (1) who understands the nature of an oath or a solemn affirmation and is able to communicate the evidence shall testify under oath or solemn affirmation. (3) A person referred to in subsection (1) who does not understand the nature of an oath or solemn affirmation but is able to communicate the evidence may testify on promising to tell the truth. (4) A person referred to in subsection (1) who does not understand the nature of an oath or a solemn affirmation and who is not able to communicate the evidence shall not testify. (5) A party who challenges the mental capacity of a proposed witness of 14 years of age or more has the burden of satisfying the judge advocate that there is an issue as to the capacity of the proposed witness to testify under oath or solemn affirmation. SOR/90-306, s. 3
Military Rules of Evidence — 87
87 (1) Subject to QR&O 112.05, the order of testimony, generally, shall be (a) direct examination, that is, the party calling a witness may interrogate him on facts relevant to his case; (b) cross-examination, that is, the opposing party then may interrogate the witness on relevant matters, including matters that may tend to discredit the testimony of the witness or support the case of the opposing party; and (c) re-examination, that is, the party who called the witness then may interrogate him on matters arising out of the opposing party’s cross-examination. (2) The president, the judge advocate or, with the permission of the president, any member of the court, may put further questions to a witness either during or at the conclusion of the examination described in subsection (1). (3) If a witness has been questioned under subsection (2), the prosecutor or accused may, with the permission of the president, put to him such questions relative to the answers as seem proper to the court.
Military Rules of Evidence — 88
88 (1) Subject to subsection (2) as soon as a witness has been duly sworn, the party calling him shall examine him by means of oral questions confined to facts that are relevant to the charge. (2) Where a witness is called merely for cross-examination by the opposing party, the party calling him need not examine him.
Military Rules of Evidence — 89
89 (1) Subject to subsections (2) and (3) and to section 90, the party calling a witness shall not ask him a question that (a) is in a form calculated to suggest the answer to it; (b) contains a statement of some fact material to the issue, and that the witness could answer by a simple affirmative or negative; or (c) leads the mind of the witness to a particular subject. (2) Subsection (1) of this section does not apply to a question (a) as to introductory matter; (b) as to undisputed matter; or (c) to contradict an account that a witness called by the opposite party has given of an extra-judicial utterance. (3) A question is not forbidden on the ground that it leads the mind of a witness to a particular subject if it will tend to elicit fairly in the circumstances the honest belief of the witness.
Military Rules of Evidence — 90
90 (1) If the prosecutor or accused concludes during the direct examination or re-examination of a witness called by him that the witness is (a) directly hostile to him, or (b) unwilling to give evidence, the party calling the witness may apply for a declaration that the witness is hostile. (2) If the judge advocate declares a witness to be hostile, the party who called him may cross-examine him during the remainder of his testimony, whether on direct examination or re-examination. (3) A declaration that a witness is hostile shall not affect the rights of the opposite party to cross-examine him.
Military Rules of Evidence — 91
91 (1) Where a witness, when the facts are fresh in his mind, has made or verified a written record of them, and is able to swear to the accuracy of that record, it is, subject to subsection (2), admissible as part of his testimony, even though he does not have an independent recollection of the facts disclosed in the record. (2) Before a record of past recollection can be introduced in evidence, it must be shown to have been made or verified at a time when it was sufficiently fresh and vivid in the mind of the witness to make it trustworthy. (3) Where the original record has been lost or destroyed, a copy that was verified by comparison with the lost original, or verified apart from the original while the recollection of the witness was still fresh, may be used under subsection (1).
Military Rules of Evidence — 92
92 (1) A witness may be shown a written document to enable him to recall a fact that he has forgotten and, if he then recalls that fact, he may testify to it as he would do any other fact that he has perceived. (2) In order to refresh his memory, a witness may use documents that are not themselves admissible in evidence. (3) Documents used under subsection (1) (a) may be inspected by the judge advocate solely for the purpose of determining whether or not they could properly refresh the memory of the witness; and (b) must be shown to the opposite party, on demand, for inspection and use in questioning the witness.