What is the impact of a witness spouse's exclusion from a testimony?
Ontario, Canada
The following excerpt is from R. v. Nguyen, 2015 ONCA 278 (CanLII):
I conclude by noting that a full consideration of the effect of the exclusion must include the impact on witness spouses, whose exclusion spares them the significant disadvantage of being rendered testimonially incompetent. However, as this consideration is inextricably intertwined with the notion of choice, for the reasons given by the majority in Quebec v. A, it is relevant to the s. 1 analysis, which follows. SECTION 1 OF THE CHARTER
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a common-law spouse’s competence to testify protect the common law spouse's testimony? (Ontario, Canada)
What is the test for retaining a spouse's interest in a property where one spouse prejudices herself in the reasonable expectation of receiving the property from the other spouse? (Ontario, Canada)
Does Section 13 of the Rules of Civil Procedure apply to testimony from a previous proceeding where the testimony was given as a witness? (Ontario, Canada)
Is a spouse entitled to an equalization payment from the date of a contribution made by one spouse to the other spouse's property? (Ontario, Canada)
What is the impact of a witness’s testimony on the evidence? (Ontario, Canada)
What is the Your Product Exclusion, Your Work Exclusion and Rip and Tear Exclusion? (Ontario, Canada)
What is the impact of exclusion of evidence obtained from an unconstitutional search? (Ontario, Canada)
What is the "common sense" approach to an exclusion from a spouse’s account? (Ontario, Canada)
What is the impact of a spouse's contribution to her husband's career on his post-separation earnings? (Ontario, Canada)
Is a spouse entitled to share in post-separation income increases if the recipient spouse has contributed significantly to the recipient's income during the course of the marriage? (Ontario, Canada)
