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Section 4 Canadian Evidence Act 1985

OTHER CANADIAN LAWS 1. Short title. 2. Application. 3. Interest or crime. 4. Accused and spouse. 5. Incriminating questions. 6. Evidence of person with physical disability. 6.1 Identification of accused. 7. Expert witnesses. 8. Handwriting comparison. 9. Adverse witnesses. 10. Cross-examination as to previous statements. 11. Cross-examination as to previous oral statements. 12. Examination as to previous convictions. 13. Who may administer oaths. 14. Solemn affirmation by witness instead of oath. 15. Solemn affirmation by deponent. 16. Witness whose capacity is in question. 16.1 Person under fourteen years of age. 17. Imperial Acts, etc. 18. Acts of Canada. 19. Copies by Queen’s Printer. 20. Imperial proclamations, etc. 21. Proclamations, etc., of Governor General. 22. Proclamations, etc., of lieutenant governor. 23. Evidence of judicial proceedings, etc. 24. Certified copies. 25. Books and documents. 26. Books kept in offices under Government of Canada. 27. Notarial acts in Quebec. 28. Notice of production of book or document. 29. Copies of entries. 30. Business records to be admitted in evidence. 31. Definitions. 31.1 Authentication of electronic documents. 31.2 Application of best evidence rule — electronic documents. 31.3 Presumption of integrity. 31.4 Presumptions regarding secure electronic signatures. 31.5 Standards may be considered. 31.6 Proof by affidavit. 31.7 Application. 31.8 Definitions. 32. Order signed by Secretary of State. 33. Proof of handwriting of person certifying. 34. Attesting witness. 35. Impounding of forged instrument. 36. Construction. 36.1 Definition of official. 37. Objection to disclosure of information. 37.1 Appeal to court of appeal. 37.2 Limitation periods for appeals to Supreme Court of Canada. 37.21 [Repealed, 2004, c. 12, s. 18] 37.3 Protection of right to a fair trial. 38. Definitions. 38.01 Notice to Attorney General of Canada. 38.02 Disclosure prohibited. 38.03 Authorization by Attorney General of Canada. 38.031 Disclosure agreement. 38.04 Application to Federal Court — Attorney General of Canada. 38.05 Report relating to proceedings. 38.06 Disclosure order. 38.07 Notice of order. 38.08 Automatic review. 38.09 Appeal to Federal Court of Appeal. 38.1 Limitation periods for appeals to Supreme Court of Canada. 38.11 Special rules — hearing in private. 38.12 Protective order. 38.13 Certificate of Attorney General of Canada. 38.131 Application for review of certificate. 38.14 Protection of right to a fair trial. 38.15 Fiat. 38.16 Regulations. 38.17 Annual report. 39. Objection relating to a confidence of the Queen’s Privy Council. 39.1 Definitions. 40. How applicable. 41. Solemn declaration. 42. Affidavits, etc. 43. Foreign courts. 44. Definitions. 45. Construction. 46. Order for examination of witness in Canada. 47. Enforcement of the order. 48. Expenses and conduct money. 49. Administering oath. 50. Right of refusal to answer or produce document. 51. Rules of court. 52. Application of this Part. 53. Oaths taken abroad. 54. Documents to be admitted in evidence. SCHEDULE – Designated Entities

Section 4 Canadian Evidence Act

Section 4 Canadian Evidence Act 1985 is about Accused and spouse. It is under Witnesses of Part I of the act. The Evidence Act of Canada is an Act respecting witnesses and evidence.

See also Section 26 Canadian Evidence Act 1985

Accused and spouse

(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.

Spouse of accused

(2) No person is incompetent, or uncompellable, to testify for the prosecution by reason only that they are married to the accused.

Communications during marriage

(3) No husband is compellable to disclose any communication made to him by his wife during their marriage, and no wife is compellable to disclose any communication made to her by her husband during their marriage.

(4) and (5) [Repealed, 2015, c. 13, s. 52]

Failure to testify

(6) The failure of the person charged, or of the wife or husband of that person, to testify shall not be made the subject of comment by the judge or by counsel for the prosecution.

See also:

– Section 2 Canadian Evidence Act (Application)

– Section 3 Canadian Evidence Act (Interest or crime)

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