Marginal note:Admission of documents and records
182. (1) Such classes of documents and records as are prescribed in regulations made by the Governor in Council may be admitted, as evidence of the facts therein stated, at trials by court martial or in any proceedings before civil courts arising out of those trials, and the conditions governing the admissibility of those classes of documents and records or copies thereof shall be as prescribed in those regulations.
Marginal note:Statutory declarations admissible, subject to conditions
(2) A court martial may receive, as evidence of the facts therein stated, statutory declarations made in the manner prescribed by the Canada Evidence Act, subject to the following conditions:
(a) where the declaration is one that the prosecutor wishes to introduce, a copy shall be served on the accused person at least seven days before the trial;
(b) where the declaration is one that the accused person wishes to introduce, a copy shall be served on the prosecutor at least three days before the trial; and
(c) at any time before the trial, the party served with a copy of the declaration pursuant to paragraph (a) or (b) may notify the opposite party that the party so served will not consent to the declaration being received by the court martial, and in that event the declaration shall not be received.
- R.S., c. N-4, s. 159.
Witnesses at Courts Martial
Marginal note:Procurement of attendance of witnesses
183. (1) The commanding officer of an accused person shall take all necessary action to procure the attendance of the witnesses whom the prosecutor and the accused person request to be called and whose attendance can, having regard to the exigencies of the service, reasonably be procured.
(1.1) Nothing in subsection (1) requires the procurement of the attendance of any witness, the request for whose attendance is considered by the commanding officer to be frivolous or vexatious.
Marginal note:Procurement of attendance in exceptional cases
(2) Where a commanding officer considers to be frivolous or vexatious a request by the accused person for the attendance of a witness whose attendance, having regard to the exigencies of the service, can reasonably be procured, the attendance of that witness shall be procured if the accused person pays in advance the fees and expenses of the witness in accordance with section 251.2.
Marginal note:Reimbursement of accused for fees and expenses
(3) Where the evidence of a witness whose attendance is procured under subsection (2) proves to be relevant and material at the trial, the court martial shall order that the accused person be reimbursed in the amount of the fees and expenses paid to the witness.
Marginal note:Rights of accused preserved
(4) Nothing in this section limits the right of an accused person to procure and produce at the trial, at the expense of the accused person, if the exigencies of the service permit, such witnesses as that person may desire.
- R.S., 1985, c. N-5, s. 183;
- 1998, c. 35, s. 44.
- Date modified: