From Criminal Law Notebook
Jump to: navigation, search

General Principles

All examinations of witnesses are expected to be done in open court.[1]

Summary Conviction Trials

Examination of witnesses
(2) The prosecutor or defendant, as the case may be, may examine and cross-examine witnesses personally or by counsel or agent.
On oath
(3) Every witness at a trial in proceedings to which this Part applies shall be examined under oath.
R.S., c. C-34, s. 737.


Where trial counsel does not object to inadmissible evidence, that failure cannot make inadmissible evidence admissible.[2]

  1. Re Krakat, 1965 CanLII 358 (ON SC), per Hughes J
  2. R v D(LE), 1989 CanLII 74 (SCC), [1989] 2 SCR 111, per Sopinka J at 126-27
    R v DCB, 1994 CanLII 6412 (MB CA), (1994), 95 Man.R. (2d) 220, per Philp JA at para 14 (C.A.)


See Also