Oath

When a person takes God as a witness that she is telling the truth in stating a fact or that she will fulfill a contractual promise, we call this an oath. In court, the oath takes the following form: “Put your right hand on the Bible. Do you swear to tell the truth, the whole truth and nothing but the truth? Say ‘I swear’.” The court clerk delivers these three little lines to every witness called during a criminal trial. Instead of swearing on the Bible, a witness may also ask to make a solemn affirmation. The clerk of the court will then ask the following question: “Do you solemnly swear that the testimony you are about to give will be the truth, the whole truth and nothing but the truth?” If the witness does not belong to a Judeo-Christian religion, she can take the oath according to her own religious convictions. Once the witness is sworn in, the court clerk asks her to state her name, birthdate, and occupation and then records this information in the minutes of the hearing. Since January 1, 1994, only the solemn affirmation is permitted before civil courts of Québec; other kinds of oath are no longer recognized.

The judge cannot hear a witness who has not first been sworn in except in special cases, such as when the witness is a young child. A judge can authorize the testimony of a young child who does not understand the nature of the oath but has the ability to explain facts. The judge has the child promise to tell the truth. Often, to make sure the youngster understands the promise and has the capacity to explain the facts, the judge has an informal conversation with him in his office, only in the presence of the lawyers. The judge wears no robe and does everything possible to make the child feel comfortable at this point.

The promise to tell the truth, in the case of young children, and the oath, for ordinary witnesses, encourage people to testify honestly. Most take this very seriously. In the olden days, the oath ordinarily included the administration of curses, by which the person who took the oath called the wrath of the heavens upon himself in case of perjury. Dealt with more modestly today, false testimony is an offence that may result in a fine or a stay in prison. But it is still an imperfect method of ensuring that the truth comes out. The lawyers and the judge pay close attention during the entire trial so as to evaluate the credibility of witnesses. The judge takes this into account in his decision, especially when several witnesses contradict each other.