During a trial for second degree murder, the Crown brought a motion to question its own witness in chief about an affidavit she filed in an unrelated criminal matter, in which she recanted allegations against her son-in-law.
The Crown sought to preemptively address an anticipated attack on the witness's credibility.
The court dismissed the motion, finding that while the collateral fact rule did not prohibit the questioning, the evidence was more prejudicial than probative as it was unrelated to the facts in dispute and would unduly distract the jury.
