Crown Law Office — Criminal

The appellant challenged a trial ruling under s. 12(1) of the Canada Evidence Act that permitted cross-examination on prior convictions after a Corbett application in a murder jury trial.

The Court clarified the Corbett framework, emphasizing that admissibility turns on whether convictions meaningfully support a credibility inference and whether prejudice, including moral and propensity prejudice, outweighs probative value.

The majority held the trial judge erred by admitting youth and certain violent convictions, but applied the curative proviso because the evidence of guilt was overwhelming.

Concurring judges would have found no reviewable Corbett error and dismissed the appeal on that basis.

The appeal was dismissed and the conviction was upheld.

In a criminal appeal from jury convictions for first degree murder and attempted murder, the Court addressed whether lesser included offences of second degree murder and manslaughter had an air of reality and had to be left with the jury.

The majority held the trial judge erred by not leaving those included offences on the murder count, and upheld the order for a new trial on that count.

The Court held the error did not taint the attempted murder convictions and rejected additional challenges regarding jury aids, juror bias, and propensity instructions.

The appeal and cross-appeals were dismissed.