Refusing to testify against a spouse prevents courts from seeking truth; MacKay

OTTAWA – Justice Minister Peter MacKay says allowing people to refuse to testify against their spouses is an obstacle to getting at the truth in a court of law.

Currently, under the Canada Evidence Act, spouses can refuse to testify against their partners except in certain specific cases such as sexual assaults or those involving children.

Legislation introduced last week by the Harper government would remove that right.

MacKay calls the provision antiquated, and says courts need to compel testimony from all witnesses of crime, including spouses.

The proposed new Canadian Victims Bill of Rights would also allow witnesses to testify anonymously in certain cases.

Critics complaint that such a provision goes against the constitutional right of a person charged with a crime to face their accuser.