Cross-examination
All witnesses
The Hon D Paciocco, “Confronting Witnesses”
Handy article setting out the law and procedure when seeking to cross-examine one’s own difficult witness.
R v Abdo, 2016 ONSC 7240
A Crown witness may be cross-examined on the facts underlying prior convictions, outstanding charges, withdrawals, and even in some cases acquittals. Related material is therefore disclosable to the defence before trial.
R v Borden, 2017 NSCA 45
When the complainant is deceased and the defence seeks to tender evidence of their bad character to support a theory of self-defence, they must bring a Scopelliti application prior to trial. But where the complainant is alive, no application is required. Defence counsel may confront the complainant with the evidence of prior bad acts for the first time in cross-examination.
police witnesses
R v Thompson, 2013 ONSC 1527
Justice Hill outlines the need for officers to take notes that are contemporaneous and independent. Officers should also record when notes were made and in whose company, if not alone.
R v Holloway, 2021 ONSC 6136
While the bare fact of a prior adverse credibility finding against a police witness is not relevant, the underlying facts of that finding are permissible cross-examination. Additionally, prior adverse credibility findings against police officers are relevant under s. 24(2).
R v Azfar, 2023 ONCJ 241
In addition to being relevant to their credibility, a police decision to intentionally disable their bodyworn cameras during an investigation may amount to a s. 7 violation and justify relief under the Charter.