Section 10 Canadian Evidence Act
Section 10 Canadian Evidence Act 1985 is about Cross-examination as to previous statements. It is under Witnesses of Part I of the act. The Evidence Act of Canada is an Act respecting witnesses and evidence.
Cross-examination as to previous statements
(1) On any trial a witness may be cross-examined as to previous statements that the witness made in writing, or that have been reduced to writing, or recorded on audio tape or video tape or otherwise, relative to the subject-matter of the case, without the writing being shown to the witness or the witness being given the opportunity to listen to the audio tape or view the video tape or otherwise take cognizance of the statements, but, if it is intended to contradict the witness, the witness’ attention must, before the contradictory proof can be given, be called to those parts of the statement that are to be used for the purpose of so contradicting the witness, and the judge, at any time during the trial, may require the production of the writing or tape or other medium for inspection, and thereupon make such use of it for the purposes of the trial as the judge thinks fit.
Deposition of witness in criminal investigation
(2) A deposition of a witness, purporting to have been taken before a justice on the investigation of a criminal charge and to be signed by the witness and the justice, returned to and produced from the custody of the proper officer shall be presumed, in the absence of evidence to the contrary, to have been signed by the witness.
See also:
– Section 9 Canadian Evidence Act (Adverse witnesses)
– Section 8 Canadian Evidence Act (Handwriting comparison)
