The familiar courtroom image of a witness placing their hand on the Bible and swearing to tell “the truth, the whole truth and nothing but the truth,” has become a COVID casualty.
Bibles and other religious books have been removed from courtrooms due to health and safety protocols for in-person proceedings.
For now, everyone testifying in a court case must simply promise to tell the truth, saying: “I solemnly affirm that the evidence to be given by me shall be the truth, the whole truth, and nothing but the truth.”
“Everything is now automatically by affirmation,” said Victoria lawyer Michael Mulligan. “It came in because they didn’t want to sanitize the Bible. The courts didn’t want to have everybody handling the same book.”
Still, Mulligan questions why the court requires witness to declare their religious beliefs.
“I think it’s a good change, because it would mean everyone coming in would have to make a gender declaration and a religious declaration before you have anything to say,” he said.
The Bible isn’t the only item used for swearing oaths in court — the provincial court website says colourful oaths have been administered in B.C. courts in the past.
Until about five years ago, the desk book for clerks contained the Chicken oath, the Candle oath and the Saucer oath.
Historically, “some Chinese people wanted to perform a Chicken oath and this required court to be adjourned, while the court clerk procured a male chicken,” said Mulligan.
The court and the jury went outside, candles were lit, the chicken was decapitated and the oath was spoken by the witness — “Being a true witness, I shall enjoy happiness and my sons and grandsons will prosper forever. If I give false evidence I shall die on the street, earth will destroy me and I shall forever suffer in adversity and all my offspring will be exterminated” — then the paper was burned.
For the Candle oath, a witness placed their right hand over a lighted candle, saying: “I will tell the truth, the whole truth, and nothing but the truth, and if I do not may my soul be extinguished as I quench this flame.”
For the Saucer oath, a witness knelt down and struck a china saucer against the witness box. The clerk would declare: “You shall tell the truth and the whole truth; the saucer is cracked and if you do not tell the truth your soul will be cracked like the saucer.”
