The Alberta Law Reports Volume 15

The Alberta Law Reports Volume 15

By (author) 

List price: US$8.17

Currently unavailable

Add to wishlist

AbeBooks may have this title (opens in new window).

Try AbeBooks


This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ...sec. 684 are in complete harmony. Under them we find the procedure to be that the evidence is taken down, not, word for word, but in narrative form by the justice, then read over to the witness and any necessary corrections made and then signed by the witness. Then after all the witnesses have signed their depositions the justice asks the accused if he wishes to have them read again and if he does not dispense with the reading they are read again. But sec. 683 contains more and it is the additional part which causes the confusion. It provides that the evidence of the witnesses may be taken in'shorthand and that where it is so taken it shall not be necessary that it be read over or signed by the witnesses. Now it is quite clear that this reading being dispensed with, any reading to the accused cannot be a reading "again" and, therefore, cannot come within the express words of sec. 684. The history of the legislation is somewhat interesting though not as illuminating as in some cases. In The Criminal Procedure Act, ch. 174, R.S.C., 1886, sec. 69 contains the substantive provisions of the present sec. 682. Then sec. 7 0 provides that "After the examinations of all the witnesses for the prosecution have been completed the justice shall, without requiring the attendance of the witnesses, read or cause to be read to the accused, the depositions taken against him." He then asked him, as he does now, after they have been read or the reading dispensed with, if he wishes_to make any statement informing him that he need not do so and that anything he does say will be taken down in writing and may be read against him. At that time the accused was not permitted to call witnesses and it thus seems clear that the reading more

Product details

  • Paperback | 208 pages
  • 189 x 246 x 11mm | 381g
  • United States
  • English
  • black & white illustrations
  • 1236751051
  • 9781236751058