The accused, Mark Champagne, charged with second-degree murder, brought a Corbett application to edit his prior criminal record for cross-examination on credibility.
The defence sought to exclude portions of both his adult and youth records and to limit the scope of cross-examination.
The court, applying the Corbett factors (nature, similarity, remoteness, risk of distorted picture), ruled that the accused's entire adult criminal record, including serious convictions like attempted murder and aggravated assault, was admissible for cross-examination on credibility.
The court found the probative value outweighed any prejudice, especially given the accused's attacks on Crown witness credibility.
However, the court ruled that the youth record was inadmissible, finding its probative value was outweighed by its prejudicial effect due to its age, similarity to adult convictions, and limited relevance to credibility.
The cross-examination was restricted to the fact of conviction, not the details of the offences.
