Section 50 Canadian Evidence Act
Section 50 Canadian Evidence Act 1985 is about Right of refusal to answer or produce document. It is under Procedure of Part II of the act. The Evidence Act of Canada is an Act respecting witnesses and evidence.
Right of refusal to answer or produce document
(1) Any person examined under any order made under this Part has the like right to refuse to answer questions tending to criminate himself, or other questions, as a party or witness, as the case may be, would have in any cause pending in the court by which, or by a judge whereof, the order is made.
Laws about witnesses to apply — video links etc.
(1.1) Despite subsection (1), when a party or witness gives evidence under subsection 46(2), the evidence shall be given as though they were physically before the court or tribunal outside Canada, for the purposes of the laws relating to evidence and procedure but only to the extent that giving the evidence would not disclose information otherwise protected by the Canadian law of non-disclosure of information or privilege.
Contempt of court in Canada
(1.2) When a party or witness gives evidence under subsection 46(2), the Canadian law relating to contempt of court applies with respect to a refusal by the party or witness to answer a question or to produce a writing or document referred to in subsection 46(1), as ordered under that subsection by the court or judge.
Nature of right
(2) No person shall be compelled to produce, under any order referred to in subsection (1), any writing or other document that he could not be compelled to produce at a trial of such a cause.
See also:
– Section 49 Canadian Evidence Act (Administering oath)
– Section 48 Canadian Evidence Act (Expenses and conduct money)
