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As a witness, could I testify in court but refuse to swear?

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Yes. The Constitution gives you the right to “affirm,” which has the same effect of putting you under penalty of perjury, because among the Framers was William Penn, a founder of Pennsylvania, and a Quaker. read more

Under Canadian law, a witness can swear an oath on the religious book of their choice, swear an oath on a sacred eagle feather (respecting indigenous tradition), or make a solemn affirmation to tell the truth, the whole truth, and nothing but the truth. read more

In Federal court in the US, a person can make a solemn affirmation instead of taking an oath. A person who will not either swear or affirm cannot testify. A person who is in court subject to a subpoena must testify and therefore may be locked up until that person changes his or her mind about refusing to testify, even if that takes years. read more

A witness is a person who saw a crime or was a victim of a crime. A witness can be subpoenaed (ordered to attend court) as set out in the Criminal Code of Canada or by a criminal proceeding in the NWT. Witnesses are called to court to answer questions about a case. The information a witness gives in court is called testimony and is used as evidence to set out the facts of the alleged crime. read more

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