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4 (1) Every person charged with an offence, and, except as otherwise provided in this section, the wife or husband, as the case may be, of the person so charged, is a competent witness for the defence, whether the person so charged is charged solely or jointly with any other person. Marginal note: Spouse of accused.
Canada Evidence Act (R.S.C., 1985, c. C-5) Act current to 2024-08-18 and last amended on 2023-10-06. Previous Versions. See coming into force provision and notes, where applicable.
If the defence seeks information concerning the identity or location of a witness, Crown counsel must consider four factors: first, the right of an accused to a fair trial and to make full answer and defence; second, the principle that there is no property in a witness; Footnote 37 third, the right of a witness to privacy and to be left alone ...
Overview. Section 38.01 requires every participant in a proceeding to advise the Attorney General, as opposed to the Director of Public Prosecutions (DPP), in writing where there is a possibility of disclosure of sensitive or potentially injurious information.
- The Rules of Evidence. The Rules of Evidence set out rules to ensure the reliability of evidence. The Rules of Evidence are derived from caselaw. The relevant rules are the hearsay rule, the best evidence rule, the opinion evidence rule and the self-serving evidence rule.
- The Hearsay Rule. A.2.1. The Rule. "Written or oral statements, or communicative conduct made by persons otherwise than in testimony at the proceeding in which it is offered, are inadmissible, if such statements or conduct are tendered either as proof of their truth or as proof of assertions implicit therein."
- The Best Evidence Rule. A.3.1. The Rule. "The law does not permit a man to give evidence which from its very nature shows that there is better evidence within his reach, which he does not produce."
- Opinion Evidence. A.4.1. The Original Rule. A witness may only testify as to what she has actually observed, and not to the inferences she draws from those observations.
(a) the Attorney General of Canada must bring a motion to a judge for an order with respect to disclosure of the information if a person who gave notice under subsection 38.21(1) or (2) is a witness; (b) a person, other than a witness, who is required to disclose information in connection with a federal proceeding must bring a motion to a judge ...
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In criminal cases, an accused may seek disclosure of information that the government wishes to keep confidential. 3 Sections 37, 38 and 39 of the Canada Evidence Act (the CEA) establish a regime for objecting to the disclosure of information.
