Does the prosecution have any right to introduce evidence of a wife as a witness against her husband in a civil action?
Saskatchewan, Canada
The following excerpt is from Rex v. Rutherford, 1923 CanLII 123 (SK CA):
The prosecution could not have called the wife as a witness against her husband in the case at bar, and I do not think it had any right to introduce the evidence of the wife given in the examination in a civil action, to be used against the husband, the accused. It was doing indirectly what it would not be allowed to do directly. (Apart from the evidence being that of a wife, see Allen v. Reg., 1911 CanLII 52 (SCC), 44 S.C.R. 331, 18 C.C.C. 1).
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