Examinations
| This page was last substantively updated or reviewed March 2021. (Rev. # 83722) |
General Principles
All examinations of witnesses are expected to be done in open court.[1]
- Summary Conviction Trials
802
[omitted (1)]
- 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.
- Objections
Where trial counsel does not object to inadmissible evidence, that failure cannot make inadmissible evidence admissible.[2]
- Appellate Review
The judge's decision on how a witness should be examined is entitled to deference.[3]
- ↑ Re Krakat, 1965 CanLII 358 (ON SC), 4 CCC 300, 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), Man.R. (2d) 220, per Philp JA, at para 14
- ↑
R v Stewart, 1976 CanLII 202 (SCC), [1977] 2 SCR 748at p. 751 to 752(complete citation pending)
R v Le (TD), 2011 MBCA 83 (CanLII), 275 CCC (3d) 427 at para 254(complete citation pending)
R v Okemow, 2019 MBCA 37 (CanLII), MJ No 92 at para 88(complete citation pending)