The accused brought a Corbett application seeking to exclude portions of his criminal record from being used for impeachment if he testified at trial on charges including firearm and drug offences.
The court considered the principles under s. 12 of the Canada Evidence Act and the balancing test from R. v. Corbett regarding whether the probative value of prior convictions outweighs their prejudicial effect.
While credibility was central because the defence alleged police officers fabricated or moved evidence, the court held that admitting convictions similar to the charged drug and firearm offences would risk impermissible propensity reasoning.
The court therefore excluded all firearm and drug-related convictions but permitted other convictions, including offences involving dishonesty and disregard for court orders, to be put before the jury if the accused testified.
