the Liquor License Act, R. S. C. c. 194,) it was contended for the defendant upon a motion to quash the conviction, on the ground of the defendant's evidence on his own behalf having been rejected when tendered, that the defendant was a comp tent witness under sec. 114 R.S.C. c. 106, (The Canada Temperance Act) but it was contended for the prosecution that sec. 114 of the Canada Temperance Act is ultra vires of the Dominion Parliament and that the province alone has the right to regulate the procedure under the Liquor License Act; and it was held by the Common Pleas Division (Galt, C. J., and McMahon, J.) that notwithstanding the reservation of criminal procedure to the Dominion Parliament in subsection 27 of section 91 of the B. N. A Act, a provincial legislature has power to regulate and provide for the course of trial and adjudication of offences against its lawful enactments. such as a breach of the Liquor License Law,— as in the present case,-even though such offences may be termed crimes, and that therefore they have the power to regulate the giving of evidence by the defendant in such cases, as is done by R.S.C. c. 61, sec. 9, by providing that where the proceeding is a crime under the provincial law the defendant is neither a competent nor compellable witness. (1)

5, Incriminating Answers.-No person shall be excused from answering any question upon the ground that the answer to such question may tend to criminate him, or may tend to establish his liability to a civil proceeding at the instance of the Crown or of any other person: Provided, however, that no evidence so given shall be used or receivable in evidence against such person in any criminal proceeding thereafter instituted against him other than a prosecution for perjury in giving such evidence.

6. Evidence of mute.-A witness who is unable to speak, may give his evidence in any other manner in which he can make it intelligible.

DOCUMENTARY EVIDENCE.

7. Imperial Acts &c.-Judicial notice shall be taken of all Acts of the Imperial Parliament, of all ordinances made by the Governor in Council, or the Lieutenant-Governor in Council of any province or colony which, or some portion of which, now forms or hereafter may form part of Canada, and of all the Acts of the legislature of any such province or colony, whether enacted before or after the passing of The British North America Act, 1867.

S. Proof of Proclamations &c.-Evidence of any proclamation, order, regulation or appointment, made or issued by the Governor General or by the Governor in Council, or by or under the authority of any Minister or head of any department of the Government of Canada, may be given in all or any of the modes hereinafter mentioned, that is to say :

(a) By the production of a copy of the Canada Gazette or a volume of the Acts of the Parliament of Canada purporting to contain a copy of such proclamation, order, regulation, or appointment or a notice thereof;

(b) By the production of a copy of such proclamation, order,

(1) R. v. Bittle, 21 Ont. Rep. 605.

regulation or appointment, purporting to be printed by the Queen's Printer for Canada; and—

(c.) By the production, in the case of any proclamation, order, regulation or appointment made or issued by the Governor-General or by the Governor in Council, of a copy or extract purporting to be certified to be true by the Clerk, or assistant or acting Clerk of the Queen's Privy Council for Canada,-and in the case of any order, regulation or appointment made or issued by or under the authority of any such Minister or head of a department, by the production of a copy or extract purporting to be certified to be true by the Minister, or by his deputy or acting deputy, or by the secretary or acting secretary of the department over which he presides.

9. Evidence of any proclamation, order, regulation or appointment made or issued by a Lieutenant-Governor or LieutenantGovernor in Council of any province, or by or under the authority of any member of the Executive Council, being the head of any department of the Government of the province, may be given, in all or any of the modes hereinafter mentioned, that is to say:

(a.) By the production of a copy of the Official Gazette for the province, purporting to contain a copy of such proclamation, order, regulation or appointment or a notice thereof;

(b.) By the production of a copy of such proclamation, order, regulation or appointment, purporting to be printed by the Government or Queen's Printer for the province;

(c.) By the production of a copy or extract of such proclamation, order, regulation or appointment, purporting to be certified to be true by the clerk or assistant or acting clerk of the Executive Council, or by the head of any department of the Government of a province, or by his deputy or acting deputy, as the case may be.

10. Proof of judicial proceedings.-Evidence of any proceeding or record whatsoever of, in, or before any Court in the United Kingdom, or the Supreme or Exchequer Courts of Canada, or any Court, or before any Justice of the Peace or any coroner, in any province of Canada, or any Court in any British colony or possession, or any Court of record of the United States of America, or of any State of the United States of America, or of any other foreign country, may be made in any action or proceeding by an exemplification or certified copy thereof, purporting to be under the seal of such Court, or under the hand or seal of such Justice or Coroner, as the case may be, without any proof of the authenticity of such seal or of the signature of such Justice or Coroner or other proof whatever; and if any such Court, Justice or Coroner, has no seal, or so certifies then by a copy purporting to be certified under the signature of a Judge or presiding Magistrate of such Court or of such Justice or Coroner, without any proof of the authenticity of such signature or other proof whatsoever.

11. Imperial Proclamations, &c.-Imperial Proclamations, Orders in Council, treaties, orders, warrants, licenses, certificates, rules, regulations, or other Imperial official records, acts or documents may be proved (a) in the same manner as the same may from time to time be provable in any Court in England, or (b) by the production of a copy of the Canada Gazette, or a volume of the Acts of the Parliament of Canada purporting to contain a copy of the same or a notice thereof, or (c) by the production of a copy thereof, purporting to be printed by the Queen's Printer for Canada.

12. Official Vocuments.—In every case in which the original record could be received in evidence, a copy of any official or public document of Canada or of any province, purporting to be certified under the hand of the proper officer or person in whose custody such official or public document is placed, or a copy of a document, by-law rule, regulation or proceeding, or a copy of any entry in any register or other book of any municipal or other corporation, created by charter or statute of Canada or any province, purporting to be certified under the seal of the corporation, and the hand of the presiding officer, clerk or secretary thereof, shall be receivable in evidence without proof of the seal of the corporation, or of the signature or of the official character of the person or persons appearing to have signed the same, and without further proof thereof.

13. Copies of Public Books.-Where a book or other document is of so public a nature as to be admissible in evidence on its mere production from the proper custody, and no other statute exists which renders its contents provable by means of a copy, a copy thereof or extract therefrom shall be admissible in evidence in any Court of Justice, or before a person having, by law or by consent of parties, authority to hear, receive and examine evidence, provided it is proved that it is a copy or extract purporting to be certified to be true by the officer to whose custody the original has been entrusted.

14. Proof of hand writing not required. No proof shall be required of the handwriting or official position of any person certifying, in pursuance of this Act, to the truth of any copy of or extract from any proclamation, order, regulation, appointment, book or other document; and any such copy or extract may be in print or in writing, or partly in print, and partly in writing.

15. Ordersigned by Secretary of State.-Any order in writing, signed by the Secretary of State of Canada, and purporting to be written by command of the Governor-General, shall be received in evidence as the order of the Governor-General.

16. Copies of Documents in Canada Gazette.- All copies of official and other notices, advertisements and documents printed in the Canada Gazette shall be prima facie evidence of the originals, and of the contents thereof.

17. Copies of Entries in Government books.—A copy of any entry in any book kept in any department of the Government of Canada,

shall be received as evidence of such entry and of the matters, transactions and accounts therein recorded, if it is proved by the oath or affidavit of an officer of such department that such book was, at the time of the making of the entry, one of the ordinary books kept in such department, that the entry was made in the usual and ordinary course of business of such department, and that such copy is a true copy thereof.

18. Notarial Acts in Quebec.—Any document purporting to be a copy of a notarial Act or instrument made, filed or enregistered in the Province of Quebec, and to be certified by a notary or prothonotary to be a true copy of the original, in his possession as such notary or prothonotary, shall be received in evidence in the place and stead of the original, and shall have the same force and effect as the original would have if produced and proved: Provided, that it may be proved in rebuttal that there is no such original, or that the copy is not a true copy of the original in some material particular, or that the original is not an instrument of such nature as may by the law of the Province of Quebec be taken before a notary or be filed, enrolled or enregistered by a notary in the said Province.

19. Notice to adverse party.—No copy of any book or other document as provided in sections ten, twelve, thirteen, fourteen, seventeen and eighteen of this Act, shall be received in evidence upon any trial unless the party intending to produce the same has before the trial given to the party against whom it is intended to be produced reasonable notice of such intention. The reasonableness of the notice shall be determined by the Court or Judge, but the notice shall not in any case be less than ten days.

20. Construction of this Act.-The provisions of this Act shall be deemed to be in addition to and not in derogation of any powers of proving documents given by any existing statute or existing at law.

21. Application of Provincial Laws. In all proceedings over which the Parliament of Canada has legislative authority, the laws of evidence in force in the province in which such proceedings are taken, including the laws of proof of service of any warrant, summons, subpoena or other document, shall, subject to the provisions of this and other Acts of the Parliament of Canada, apply to such proceedings.

OATHS AND AFFIRMATIONS.

22. Who may administer Oaths.-Every Court and Judge, and every person, having by law or consent of parties authority to hear and receive evidence, shall have power to administer an oath to every witness who is legally called to give evidence before that Court, Judge or person.

23. Affirmations instead of Oaths.—If a person called or desiring to give evidence, objects, on grounds of conscientious scruples, to take an oath or is objected to as incompetent to take an oatĥ, such person may make the following affirmation :

785

"I solemnly affirm that the evidence to be given by me shall be the truth, the whole truth, and nothing but the truth."

STATUTORY DECLARATIONS.

And, upon the person making such solemn affirmation, his evidence shall be taken and have the same effect as if taken under oath.

24. If a person required or desiring to make an affidavit or deposition in a proceeding, or on an occasion whereon or touching a matter respecting which an oath is required or is lawful, whether on taking office or otherwise, refuses or is unwilling to be sworn, on grounds of conscientious scruples the Court or Judge, or other officer. or person qualified to take affidavits or depositions, shall permit such person instead of being sworn, to make his solemn affirmation in the words following, viz.: "I. A. B., do solemnly affirm," &c.; which solemn affirmation shall be of the same force and effect as if such person had taken an oath in the usual form.

2. Any witness whose evidence is admitted or who makes an affirmation under this or the next preceding section shall be liable to indictment and punishment for perjury in all respects as if he had been sworn.

25. Evidence of Child.—In any legal proceeding where a child of tender years is tendered as a witness, and such child does not, in the opinion of the Judge, Justice or other presiding Officer, understand the nature of an oath, the evidence of such child may be received, though not given upon oath, if, in the opinion of the Judge, Justice or other presiding Officer, as the case may be, such child is possessed of sufficient intelligence to justify the reception of the evidence and understands the duty of speaking the truth.

2. But no case shall be decided upon such evidence alone, and such evidence must be corroborated by some other material evidence. (1)

STATUTORY DECLARATIONS.

26. Solemn declaration:-Any Judge, Notary public, Justice of the Peace, Police or Stipendiary Magistrate, Recorder, Mayor, Commissioner authorized to take affidavits to be used either in the Provincial or Dominion Courts, or any other functionary authorized by law to administer an oath in any matter, may receive the solemn declaration of any person voluntarily making the same before him, in the form in the schedule A to this Act, in attestation of the execution of any writing, deed or instrument, or of the truth of any fact or of any account rendered in writing.

27. Affidavits for Insurance Claims - Any affidavit, affirmation or declaration required by any insurance company authorized by law to do business in Canada, in regard to any loss of, or injury to, person, property or life insured or assured therein, may be taken before any Commissioner authorized to take affidavits, or before any Justice of the Peace, or before any Notary public for any pro

(1) See Art. 685 of the Code, and the case of R. v. Wenland, cil, at p. 637, ante.