Acts and Regulations

P-22.1 - Provincial Offences Procedure Act

Section 35
Disposition versions

Full text
Witness statements
35(1)A prosecutor may use a witness statement to give the evidence of a witness
(a) if a copy of the witness statement has been served on the defendant in accordance with subsection 36(1) and the defendant has not notified the prosecutor, in accordance with subsection 36(3), that the witness will be required to attend court to give evidence in person, or
(b) without serving the witness statement on the defendant if the defendant does not appear at the time and place stated in the appearance notice or summons or set for taking the defendant’s plea and the judge proceeds in the absence of the defendant immediately under paragraph 28(1)(a) or at a later date under paragraph 28(1)(b).
35(2)A defendant may use a witness statement to give the evidence of a witness if a copy of the witness statement has been served on the prosecutor in accordance with subsection 36(2) and the prosecutor has not notified the defendant, in accordance with subsection 36(3), that the witness will be required to attend court to give evidence in person.
35(3)A witness statement shall be in prescribed form and shall be signed by the witness in the presence of another person.
35(4)The evidence of a witness given by way of a witness statement has the same force and effect as evidence given orally under oath or solemn affirmation.
35(5)Every person who knowingly makes a false statement in a witness statement commits a category H offence.
1990, c.18, s.17; 2013, c.45, s.3
Witness statements
35(1)A prosecutor may use a witness statement to give the evidence of a witness
(a) if a copy of the witness statement has been served on the defendant in accordance with subsection 36(1) and the defendant has not notified the prosecutor, in accordance with subsection 36(3), that the witness will be required to attend court to give evidence in person, or
(b) without serving the witness statement on the defendant if the defendant does not appear at the time and place stated in the appearance notice or summons or set for taking the defendant’s plea and the judge proceeds in the absence of the defendant immediately under paragraph 28(1)(a) or at a later date under paragraph 28(1)(b).
35(2)A defendant may use a witness statement to give the evidence of a witness if a copy of the witness statement has been served on the prosecutor in accordance with subsection 36(2) and the prosecutor has not notified the defendant, in accordance with subsection 36(3), that the witness will be required to attend court to give evidence in person.
35(3)A witness statement shall be in prescribed form and shall be signed by the witness in the presence of another person.
35(4)The evidence of a witness given by way of a witness statement has the same force and effect as evidence given orally under oath or solemn affirmation.
35(5)Every person who knowingly makes a false statement in a witness statement commits a category H offence.
1990, c.18, s.17; 2013, c.45, s.3
Witness statements
35(1)A prosecutor may use a witness statement to give the evidence of a witness
(a) if a copy of the witness statement has been served on the defendant in accordance with subsection 36(1) and the defendant has not notified the prosecutor, in accordance with subsection 36(3), that the witness will be required to attend court to give evidence in person, or
(b) without serving the witness statement on the defendant if the defendant does not appear at the time and place stated in the appearance notice or summons or set by the judge for taking the defendant’s plea and the judge proceeds in the absence of the defendant immediately under paragraph 28(1)(a) or at a later date under paragraph 28(1)(b).
35(2)A defendant may use a witness statement to give the evidence of a witness if a copy of the witness statement has been served on the prosecutor in accordance with subsection 36(2) and the prosecutor has not notified the defendant, in accordance with subsection 36(3), that the witness will be required to attend court to give evidence in person.
35(3)A witness statement shall be in prescribed form and shall be signed by the witness in the presence of another person.
35(4)The evidence of a witness given by way of a witness statement has the same force and effect as evidence given orally under oath or solemn affirmation.
35(5)Every person who knowingly makes a false statement in a witness statement commits a category H offence.
1990, c.18, s.17