Examinations

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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]

  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

Topics

See Also

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