CHAPTER 3

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EVIDENCE

3.3 Admissibility of Evidence

3.3.5 Self-incriminating testimony

The right against the use of self-incrimination testimony in other proceedings, guaranteed by s. 13 of the Charter Section 13 of the Charter, applies only to criminal cases. The Canada Evidence Act does confer similar protection to parties appearing before federal tribunals, although it does not allow a witness to refuse to answer a question on the grounds that the answer might tend to incriminate him or establish that he is liable in a civil suit. The right of a person charged with an offence not to be compelled to be a witness in proceedings against that person guaranteed under s. 11 of the Charter Section 11 of the Charter does not apply in employment insurance law.^{453 Citation 453} The witness must answer, but that answer cannot thereafter be used against him in criminal proceedings, except for perjury or the giving of contradictory evidence (s. 9) Section 9 of the Act. The principles of natural justice require the Commission or the board to inform the witness that his or her testimony cannot be used against him or her before another tribunal.^{454 Citation 454}

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