A person is presumed to be a competent witness and may be compelled to testify when
they are an adult and are not married to the accused.
they are an adult.
they are an adult and have sworn an oath.
According to R v Bannerman, what is required for a minor to understand the consequences of an oath?
The witness can point to a specific punishment that will follow if they lie.
The witness can appreciate that by swearing an oath they are assuming a moral obligation.
The witness can demonstrate understanding of the importance and gravity of telling the truth.
According to R v Khan, what does a child need to do to give evidence?
Show sufficient intelligence and awareness of the consequences of telling a lie.
Show that they can communicate the evidence appropriately for their age.
https://www.youtube.com/watch?v=wRnSnfiUI54
What does "communicate the evidence" mean in the context of s. 16 of the Canada Evidence Act?
That the witness is capable of verbally communicating to the court.
That the witness can clearly remember and articulate the events at issue in the trial.
That the witness is capable of perceiving events, remembering them, and communicating them to the court.
According to R v DAI, what criteria does an adult with mental disabilities have to meet to give evidence?
Ability to communicate the evidence and promise to tell the truth.
Ability to reliably communicate evidence and demonstrate understanding of the importance of telling truth in court.
Ability to communicate relevant evidence and a promise to tell the truth.
Spouses can be compelled to testify against each other.
According to R v Prokofiew, a judge can give instructions to the jury about an accused's right to silence, despite 4(6) of the Canada Evidence Act which says that judges cannot comment on the accused's failure to testify.
