Evidence Act

(1) In this section, "action" means any civil proceedings or arbitration.

(2) Except as is otherwise provided in this Act, the parties to an action and the persons on whose behalf an action is brought, commenced, opposed or defended, and their spouses are competent and compellable to give evidence on behalf of themselves or of any of the parties. RSNWT 1988, c.57(Supp), s.1.

(1) In this section, "witness" includes a person who, in the course of an action, is examined orally on discovery or who is cross-examined on an affidavit made by the person, or who answers any interrogatories or makes an affidavit as to documents.

(2) A witness shall not be excused from answering a question or producing a document on the ground that the answer to the question or the production of the document may tend to incriminate the witness, or may tend to establish the liability of the witness to an action at the instance of the Crown or of any person.

(3) A witness who gives evidence in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.

(1) Except as provided in subsection (2), a report or finding referred to in section 10 is not admissible unless the party offering it

(2) The report or finding may be admitted if the Court finds that no substantial injustice would result from the failure to give the notice referred to in paragraph (1)(a).

(1) A witness in a legal proceeding, whether a party to it or not,

(2) Paragraph (1)(b) does not apply to records maintained by hospitals or medical records pertaining to a patient.

(3) Subject to subsection (1), a witness is not excused from answering any question or producing any document that he or she is otherwise bound to answer or produce, even though he or she

SNWT 2011,c.4,s.4.

(1) No action or other proceeding for damages lies against a person who, in good faith, provides a quality assurance record to a quality assurance committee.

(2) A quality assurance committee or any of its members shall not disclose a quality assurance record, unless the disclosure is,

(3) Where a quality assurance committee discloses a quality assurance record, the committee shall ensure that the manner of disclosure does not permit the identification, in any manner, of the person whose condition or treatment has been studied evaluated or investigated.

(4) A person who receives a quality assurance record under subsection (2) shall not disclose the record unless

SNWT 2011,c.4,s.4; SNWT 2015,c.14,s.23(3).

(1) Every Court has power to administer or cause to be administered an oath or affirmation to every witness who is called to give evidence before the Court.

(2) Where an oath, affirmation or declaration is directed to be made before a person, he or she has full power and authority to administer it and to certify to its having been made.

(1) Where a person is about to give evidence, the oath may be in the following form: I (you) swear that evidence to be given by me (you) shall be the truth, the whole truth, and nothing but the truth. So help me (you) God.

(2) Where a person is about to swear an affidavit or deposition, the oath may be in the following form: I (you) swear that the contents of this affidavit (or deposition) are true. So help me (you) God.

(1) Where a person called or desiring to give evidence chooses to affirm or is objected to as incompetent to take an oath, the person may make the following affirmation: I solemnly affirm that the evidence to be given by me shall be the truth, the whole truth, and nothing but the truth.

(2) Where a person makes an affirmation, his or her evidence shall be taken and have the same effect as if taken under oath.

(3) Where a person required or wishing to make an affidavit or deposition

chooses to affirm, the Court, or other officer or person qualified to take affidavits or depositions, shall permit the person, instead of being sworn, to make his or her affirmation in the words "I solemnly affirm" and the expression "So help me God" is deemed to be deleted from the oath.

(4) An affirmation made under subsection (3) is of the same force and effect as if the person had taken an oath in the usual form. SNWT 2011,c.4,s.5.

(1) A witness may be cross-examined as to previous statements made by the witness in writing, or reduced into writing, relative to the matter in question, without the writing being shown to the witness but if it is intended to contradict the witness by the writing, the attention of the witness shall, before the contradictory proof is given, be called to those parts of the writing that are to be used for the purpose of contradicting the witness.

(2) The Court may require the production of the writing referred to in subsection (1) for the inspection of the Court, and upon that may make such use of it for the purposes of the trial or proceeding as the Court thinks fit.

(1) Where a witness, on cross-examination as to a former statement made by the witness relative to the matter in question, and inconsistent with the previous evidence of the witness, does not distinctly admit that he or she did make the statement, proof may be given that the witness did in fact make the statement.

(2) Before the proof referred to in subsection (1) is given, the circumstances of the supposed statement sufficient to designate the particular occasion shall be mentioned to the witness, and the witness shall be asked whether or not the witness did make the statement.

(1) A witness may be asked whether he or she has been convicted of any offence, and on being asked, if the witness either denies the fact or refuses to answer, the conviction may be proved.

(2) A certificate containing the substance and effect only, omitting the formal part, of the charge and of the conviction, purporting to be signed by the officer having the custody of the records of the Court in which the offender was convicted, or by the deputy of the officer, is, on proof of the identity of the witness as the offender, sufficient evidence of the conviction, without proof of the signature or of the official character of the person appearing to have signed the certificate.

(1) A party producing a witness shall not be allowed to impeach the credit of the witness by general evidence of bad character, but the party may contradict the witness by other evidence, or if the witness in the opinion of the Court proves adverse, the party may by leave of the Court cross-examine the witness and may prove that the witness made at some other time a statement inconsistent with the present testimony of the witness.

(2) Before the proof referred to in subsection (1) is given, the circumstances of the statement sufficient to designate the particular occasion shall be mentioned to the witness and the witness shall be asked whether or not the witness did make the statement.

(1) The judge or the court official in charge of the sound recording apparatus during the proceeding shall certify a record as being the record made of the evidence, or of part of the evidence, in the proceeding.

(2) A certificate made under subsection (1) is, without proof of the signature of the judge or person in charge of the sound recording apparatus or of his or her official character, admissible in evidence as proof, in the absence of evidence to the contrary, that the record is the record of the evidence, or of part of the evidence, in the proceeding.

(1) Any time after two years from the making of a record a judge of the Supreme Court may order the record destroyed or the recording on it erased, cancelled or otherwise destroyed.

(2) An order made under subsection (1) may be a general order to apply to all or any records made before a date set out in the order.

SNWT 2019,c.21,s.4(2).

(1) In this section,

"data" means representations, in any form, of information or concepts; (données)

"electronic record" means data that

and includes a display, printout or other output of that data; (document électronique) "electronic records system" includes a computer system or other similar device in or by which data is recorded or stored, and any procedures related to the recording or storage of electronic records. (système d’archivage électronique)

(2) This section does not modify any rule of law relating to the admissibility of records, except the rules relating to authentication and best evidence.

(3) A court may have regard to evidence adduced under this section in applying any rule of law relating to the admissibility of records.

(4) A person seeking to introduce an electronic record in any proceeding has the burden of proving its authenticity by evidence capable of supporting a finding that the electronic record is what the person claims the record to be.

(5) In any proceeding where the best evidence rule is applicable in respect of an electronic record, the rule is satisfied on proof of the integrity of the electronic records system in or by which the electronic record has been recorded or stored.

(6) Notwithstanding subsection (5) and in the absence of evidence to the contrary, an electronic record in the form of a printout satisfies the best evidence rule if the printout has been manifestly or consistently acted on, relied on or used as a record of the information recorded or stored on the printout.

(7) For the purposes of subsection (5) and in the absence of evidence to the contrary, the integrity of the electronic records system in or by which an electronic record is recorded or stored is proven

(8) For the purpose of determining under any rule of law whether an electronic record is admissible, evidence may be presented in any proceeding in respect of any standard, procedure, usage or practice addressing how electronic records are to be recorded or stored, having regard to the type of business or endeavour that used, recorded or stored the electronic record, and the nature and purpose of that electronic record.

(9) The matters referred to in subsections (6), (7) and (8) may be established by an affidavit given to the best of the deponent’s knowledge or belief.

(10) A party may cross-examine the deponent of an affidavit introduced in evidence under subsection (9)

SNWT 2019,c.21,s.4(2).

(1) The existence and the whole or a part of the contents of an Imperial state document may be proved

(2) The existence and the whole or a part of the contents of a state document of the Northwest Territories, a federal state document or a state document of a province or territory may be proved

(3) The existence and the whole or a part of the contents of a state document of a British possession or foreign state may be proved

(4) It is not necessary to prove the signature or official position of the person by whom any copy or extract that is tendered in evidence under this section purports to be certified, or to prove that the original document or the public records from which the copy or extract purports to be made were deposited or kept in the custody of the person certifying.

(5) Where a copy or extract that is tendered in evidence under this section purports to be printed by or for or under the authority of a legislature, government or Queen’s Printer, it is not necessary to prove the authority, status or official position of the legislature, government or Queen’s Printer. SNWT 2009,c.12, s.7(3),(4),(5); SNWT 2012,c.18,s.8(2).

(1) Where a document is in the official possession, custody or power of

if the deputy head or other officer of the department or an officer in the public service has the record, document, plan, book or paper in his or her personal possession, and is called as a witness, he or she is entitled, acting in the matter by the direction and on behalf of the member of the Executive Council, the Commissioner or head of the department, to object to produce the record, document, plan, book or paper on the ground that it is privileged.

(2) The objection referred to in subsection (1) may be taken by the witness in the same manner, and shall have the same effect, as if the member of the Executive Council, the Commissioner or head of the department were personally present and made the objection. SNWT 2009,c.12,s.7(4); SNWT 2012, c.18,s.8(2).

(1) In this section,

"business" includes any business, profession, occupation or calling, whether carried on for profit or not, and any activity or operation carried on by any government, or by any department, commission, agency, board or branch of any government; (affaires)

"record" includes any information that is recorded or stored by means of any device. (pièce)

(2) A record in a business of an act, condition or event, is, insofar as it is relevant, admissible in evidence if

SNWT 2019,c.21,s.4(4).

(1) In this section,

"person" includes

"photographic film" includes any photographic plate, microphotographic film and photostatic negative, and "photograph" has a corresponding meaning. (pellicule photographique ou photographie)

(2) Where a bill of exchange, promissory note, cheque, receipt, instrument, agreement, document, plan or a record or book, or entry in it kept or held by a person

a print from the photographic film is admissible in evidence in all cases and for all purposes for which the object photographed would have been admissible.

(3) Repealed, SNWT 2019,c.21,s.4(5).

(4) Repealed, SNWT 2019,c.21,s.4(5).

(5) Proof of compliance with the conditions imposed by this section may be given by any person having knowledge of the facts either orally or by affidavit sworn before a notary public and unless the Court otherwise orders, a notarial copy of any such affidavit is admissible in evidence in place of the original affidavit. SNWT 2009,c.12,s.7(3); SNWT 2019,c.21,s.4(3),(5).

(1) In this section, "justice" means justice of the peace and includes two or more justices if two or more justices act or have jurisdiction, and also a judge of the Supreme Court, a territorial judge and any person having the power or authority of two or more justices of the peace.

(2) Evidence of any proceeding or record in, of or before

may be made in any action

SNWT 2009,c.12,s.7(3); SNWT 2012,c.18,s.8(2).

(1) A copy of a notarial act or instrument in writing made in the Province of Quebec, before a notary and filed, enrolled or enregistered by the notary, certified by a notary or prothonotary to be a true copy of the original thereby certified to be in his or her possession as such notary or prothonotary, is admissible in evidence in the place and stead of the original, and has the same force and effect as the original would have if produced and proved.

(2) The proof by the certified copy may be rebutted, or set aside by proof that there is no 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 a 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.

(3) No copy of a notarial act or instrument, as provided in this section, shall be admitted in evidence on any trial unless the party intending to produce it has, before the trial, given to the party against whom it is intended to be produced reasonable notice of that intention and the reasonableness of the notice shall be determined by the Court, but the notice shall not in any case be less than 10 days.

(1) Subject to this section, a copy of an entry in any book or record kept in a bank shall in all actions to which the bank is not a party be, in the absence of evidence to the contrary, proof of the entry and of the matters, transactions and accounts recorded in the entry.

(2) A copy of an entry in a book or record referred to in subsection (1) shall not be admitted in evidence under this section unless it is first proved that

and this proof may be given orally or by affidavit by the manager or accountant or a former manager or accountant of the bank or its successor.

(3) A bank or officer of a bank shall not, in any action to which the bank is not a party, be compellable to produce any book or record the content of which can be proved under this section, or to appear as a witness to prove the matters, transactions and accounts recorded in any book or record, unless by order of the Court made for special cause.

(4) On the application of a party to an action, the Court may order that the party be at liberty to inspect and take copies of any entries in the books or records of a bank for the purposes of the action.

(5) The person whose account is to be inspected under subsection (4) shall be notified of the application at least two days before the hearing of the application and, if it is shown to the satisfaction of the Court that the person cannot be notified personally, the notice may be given by addressing it to the bank.

(6) The costs of an application to a Court under or for the purpose of this section, and the costs of anything done or to be done under an order of a Court made under or for the purposes of this section, are in the discretion of the Court.

(7) The Court may order the costs referred to in subsection (6) or any part of those costs to be paid to any party by the bank where the costs have been occasioned by an act or omission of the bank and the order may be enforced as if the bank were a party to the action.

(1) This section applies to letters probate of a will or letters of administration with a will annexed where the will is proved elsewhere than in the Northwest Territories, if the original will has been deposited and the letters probate or letters of administration with a will annexed were granted in a Court having jurisdiction over the proof of wills and administration of the estates of intestates or the custody of wills.

(2) Letters probate of a will, or letters of administration with a will annexed, or a copy certified under the seal of

are admissible as evidence of the original will and of the death of the testator without any proof of the authenticity of the seal of the Supreme Court or Court or of the signature of the officer of the Supreme Court or Court purporting to certify the letters probate or letters of administration but a Court may, on due cause shown on affidavit, order the original will to be produced in evidence or direct other proof of the original will that under the circumstances appears necessary or reasonable for testing the authenticity of the alleged original will and its unaltered condition and the correctness of the prepared copy.

(3) Letters probate of a will, or letters of administration with a will annexed, or a copy certified as provided in subsection (2) shall not be admitted in evidence on any trial, without the leave of the Court, unless the party intending to produce the letters probate or letters of administration has, at least 10 days before the trial, given notice of that intention to the party against whom it is intended to be produced. SNWT 2009,c.12,s.7(3),(7); SNWT 2012, c.18,s.8(2).

(1) In an action where it would be necessary to produce and prove an original document that has been deposited, filed, kept or registered in a Court registry or in any public office or Court in the Northwest Territories, in order to establish the document and the contents of the document, the party intending to prove the original document may give notice to the opposite party at least 10 days before the trial or other proceeding in which the proof is intended to be adduced, that he or she intends at the trial or other proceeding to give in evidence as proof of the original document, a copy of the original document certified by the registrar of the office where it is deposited, filed, kept or registered, under the signature and seal of office of the registrar.

(2) A copy certified pursuant to subsection (1) is sufficient evidence of the original document and of its validity and contents, without proof of the signature or seal of office of the registrar, and without proof that the document was so deposited, filed, kept or registered, unless the party receiving the notice, within four days after its receipt, gives notice that he or she disputes the validity or contents of the original document.

(3) The cost resulting from the production or proof of the original document is in the discretion of the Court. RSNWT 1988,c.8(Supp.),s.207; SNWT 2012,c.18,s.8(2).

(1) Where a public officer produces on a subpoena an original document, it shall not be deposited in Court unless otherwise ordered, but if a copy of the original document or of a part of it is needed for subsequent reference or use, the copy, certified under the signature of the officer producing the document or otherwise proved, shall be filed as an exhibit in the place of the original and the officer is entitled to receive in addition to his or her ordinary fees, the fee for any certified copy, to be paid to the officer before it is delivered or filed.

(2) Where an order is made that the original document be retained, the order shall be delivered to the public officer and the exhibit shall be retained in Court and filed. SNWT 2019,c.21,s.4(6).

(1) A party wishing to give in evidence a letter, fax, email, shipping bill, bill of lading, delivery order, receipt, account or other written or electronic instrument used in business or other transactions, may give notice to the opposite party, at least 10 days before the trial or other proceeding in which the proof is intended to be adduced, that he or she intends to give in evidence as proof of the contents of the original, a writing purporting to be a copy of the original and in the notice shall name a convenient time and place for the inspection of the copy.

(2) The copy referred to in subsection (1) may, after the giving of the notice referred to in subsection (1), be inspected by the opposite party, and shall without further proof be accepted and taken in place of the original as proof of the contents of the original unless the party receiving the notice, within four days after the time mentioned for the inspection, gives notice that he or she intends

(3) The costs resulting from the production or proof of the original instrument are in the discretion of the Court. SNWT 2018,c.15,s.7.

(1) Subject to subsections (2) and (3), in an action where direct oral evidence of a fact would be admissible, a statement made by a person in a document and tending to establish that fact is, on production of the original document, admissible as evidence of that fact if the following conditions are satisfied, namely,

(2) The condition that the maker of the statement shall be called as a witness need not be satisfied if

(3) The Court may at any stage of an action, if having regard to all the circumstances of the case it is satisfied that undue delay or expense would otherwise be caused, order that the statement referred to subsection (1) is admissible as evidence or may, without that order having been made, admit the statement in evidence

(4) Nothing in this section renders admissible as evidence a statement made by a person interested at a time when proceedings were pending or anticipated involving a dispute as to any fact that the statement might tend to establish.

(5) For the purposes of this section, a statement in a document shall not be deemed to have been made by a person unless the document or the material part of it was written, made or produced by the person with his or her own hand, or was signed or initialled by the person or otherwise recognized by the person in writing as one for the accuracy of which the person is responsible.

(6) For the purpose of deciding whether or not a statement is admissible as evidence by virtue of this section, the Court may draw any reasonable inference from the form or content of the document in which the statement is contained, or from any other circumstances, and may, in deciding whether or not a person is fit to attend as a witness, act on a certificate purporting to be the certificate of a qualified medical practitioner, and where the action is with a jury, the Court may, in its discretion, reject the statement notwithstanding that the requirements of this section are satisfied with respect to it, if for any reason it appears to the Court to be inexpedient in the interests of justice that the statement should be admitted.

(7) Nothing in this section shall be construed to

SNWT 2009,c.12,s.7(8).

(1) In estimating the weight, if any, to be attached to a statement rendered admissible as evidence by section 61, regard shall be had to all the circumstances from which any inference can reasonably be drawn as to the accuracy or otherwise of the statement and in particular

(2) For the purpose of any rule of law or practice requiring evidence to be corroborated or regulating the manner in which uncorroborated evidence is to be treated, a statement rendered admissible as evidence by section 61 shall not be treated as corroboration of evidence given by the maker of the statement.

(1) An oath, affidavit, affirmation or statutory declaration for use in the Northwest Territories may be administered, sworn, affirmed or made within the Northwest Territories before

(2) Every person referred to in paragraphs (1)(a) to (g) shall designate his or her office below his or her signature to the jurat on an oath, affidavit, affirmation or statutory declaration administered, sworn, affirmed or made before him or her. SNWT 2009,c.12,s.7(9); SNWT 2012,c.18,s.8(12); SNWT 2022,c.4,s.7.

(1) An oath, affidavit, affirmation or statutory declaration administered, sworn, affirmed or made within or outside the Northwest Territories before a person who holds a commission as an officer in the Canadian Forces and is on full-time service is as valid and effectual to all intents and purposes as if it had been duly administered, sworn, affirmed or made within the Northwest Territories before a commissioner for taking oaths within the Northwest Territories.

(2) A document that purports to be signed by a person referred to in subsection (1) in testimony of an oath, affidavit, affirmation or statutory declaration having been administered, sworn, affirmed or made before that person and on which the rank and unit of that person are shown below his or her signature is admissible in evidence without proof of the signature or of the rank or unit of that person or that he or she is on full-time service. SNWT 2012,c.18,s.8(13); SNWT 2022,c.4,s.7.

(1) Where, on application by motion for this purpose, it appears to a Court that any Court or tribunal of competent jurisdiction in

has duly authorized, by commission, order or other process, the obtaining of testimony in or in relation to any action pending in or before the foreign Court or tribunal of any witness out of the jurisdiction thereof and within the jurisdiction of the Court applied to, the Court may

(2) An order made by the Court under subsection (1) may be enforced, and any disobedience of it punished, in the same manner as in the case of an order made by the same Court in an action pending in the Court.

(3) Every person whose attendance is ordered under this section is entitled to the same conduct money and payment for expenses and loss of time as on attendance at a trial in the Court.

(4) Every person examined under a commission, order or other process under this section has the same right to refuse to answer questions that a witness would be entitled to refuse to answer in an action pending in the Court by which the order for examination was made.

(5) No person examined under a commission, order or other process under this section shall be compelled to produce at the examination any writing or document that he or she would not be compellable to produce at the trial of such an action.

(6) Where the commission, order or other process directs, or the instructions of the Court accompanying it direct, that the persons to be examined shall be sworn or shall affirm before the commissioner or other person, the commissioner or other person has authority to administer an oath or affirmation to the person to be examined. SNWT 2009,c.12,s.7(3),(10); SNWT 2012, c.18,s.8(15).

(1) Every commission issued to a commissioner for oaths under this Act expires three years after the date of its issue.

(2) Notwithstanding subsection (1), a commission issued under section 73 may be specially limited as to area, duration or purpose.

(2) Repealed, SNWT 2012,c.18,s.8(17).

(1) The Minister may, in the discretion of the Minister, by one or more commissions, appoint notaries public for the Northwest Territories, but no person may be appointed as a notary public unless

SNWT 2012,c.18,s.8(2); SNWT 2022,c.4,s.7.

(2) Where a person, other than a barrister and solicitor, is appointed or reappointed as a notary public, special restrictions may be imposed in the commission limiting the area, duration or purpose for which the person may use and exercise his or her powers. SNWT 2005,c.14,s.5; SNWT 2009,c.12, s.7(9).

(2) Repealed, SNWT 2012,c.18,s.8(18).