Canadian Criminal Evidence/Credibility/Bias, Interest, and Corruption
General Principles
[edit | edit source]A witness can be questioned on their truthfulness due to bias or lack of impartiality. This includes questions that show hate, malice, affection or fear.[1] If the witness denies circumstances showing bias, then the party may call evidence to contradict it.[2]
Bias or interest only goes to credibility when the bias or interest can cause a witness to lie or exaggerate the truth to harm an opposing party or benefit their preferred party. Bias alone is not sufficient.[3]
Where a witness denies bias, it is permissible to call contradictory evidence to prove it.[4] However, if the defendant calls evidence to contradict a denial of bias, the crown has the right to call evidence to rehabilitate the witness.[5]
A witness can be asked about their communications with other witnesses before trial to suggest bias or interest.
- ↑ R. v. Bencardino (1973), 15 C.C.C. (2d) 342 (Ont. C.A.)
- ↑
The King v. Finnessey (1906), 10 C.C.C. 347 (Ont. C.A.),
R. v. Lindlau (1978), 40 C.C.C. (2d) 47 (Ont. C.A.)
Attorney General v. Hitchcock, [1847] 1 Ex. 91, 154 E.R. 38
R. v. Finnessey (1906), 11 O.L.R. 338, 10 C.C.C. 347 at pp. 351-2;
R. v. S.(A.) 2002 CanLII 44934, (2002), 159 O.A.C. 89, 165 C.C.C. (3d) 426 (C.A.) at paras. 28-32; [1]
R. v. Mohammed, (1991), 72 Man. R. (2d) 39 (Q.B.), aff’d , (1992), 83 Man. R. (2d) 162 (C.A.);
Anderson v. Harding (1985), 3 C.P.C. (2d) 87 (Ont. Dist. Ct.); and
R. v. R. (D.), 1996 CanLII 207 (S.C.C.), [1996] 2 S.C.R. 291, at para. 43 [2]
R. v. McDonald, 2007 ABCA 53 [3]
- ↑ R. v. Creelman v. Tupper (1893) 25 N.S.R. 334 (CA)
- ↑ McDonald v. R., [1960] S.C.R. 186 [4]
- ↑ R. v. Pargelen, 1996 CanLII 420 (ON C.A.) [5]
Doctrine of Recent Complaints
[edit | edit source]The common law doctrine of recent complaints permits the judge to make an adverse finding against credibility.
Section 275 removes this doctrine for certain offences sex offences:
Rules respecting recent complaint abrogated
275. The rules relating to evidence of recent complaint are hereby abrogated with respect to offences under sections 151, 152, 153, 153.1, 155 and 159, subsections 160(2) and (3) and sections 170, 171, 172, 173, 271, 272 and 273.R.S., 1985, c. C-46, s. 275; R.S., 1985, c. 19 (3rd Supp.), s. 11; 2002, c. 13, s. 12.
– CCC