Acts and Regulations

E-11 - Evidence Act

Full text
Non-compellability of person charged or spouse of person charged
5On the trial of a person in any court for a violation of a statute of this Province, or upon the prosecution of a person for any penalty under a law of this Province, the person charged and his or her spouse are competent witnesses, whether the person so charged is charged solely or jointly with another person; but neither such person nor his or her spouse is compellable to testify.
R.S., c.74, s.5; 1990, c.17, s.3; 2008, c.45, s.2
Competency and compellability respecting husband and wife
5On the trial of a person in any court for a violation of a statute of this Province, or upon the prosecution of a person for any penalty under a law of this Province, the person charged, and the wife or husband as the case may be of such person, is a competent witness, whether the person so charged is charged solely or jointly with another person; but neither such person nor the wife or husband of such person is compellable to testify.
R.S., c.74, s.5; 1990, c.17, s.3