Examinations: Difference between revisions
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'''Summary Conviction Trials'''<br> | '''Summary Conviction Trials'''<br> | ||
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'''Examination of witnesses'''<br> | '''Examination of witnesses'''<br> | ||
(2) The prosecutor or defendant, as the case may be, may examine and cross-examine witnesses personally or by counsel or agent. | (2) The prosecutor or defendant, as the case may be, may examine and cross-examine witnesses personally or by counsel or agent. | ||
Revision as of 08:07, 13 January 2019
General Principles
All examinations of witnesses are expected to be done in open court.[1]
Summary Conviction Trials
802
...
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.
– CCC
Objections
Where trial counsel does not object to inadmissible evidence, that failure cannot make inadmissible evidence admissible.[2]
- ↑ Re Krakat, 1965 CanLII 358 (ON SC), per Hughes J
- ↑
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.)