Criminal appeal addressing whether cross-examination of an accused on prior convictions under s. 12(1) of the Canada Evidence Act infringes the right to a fair hearing under s. 11(d) of the Charter.
The majority held the provision is constitutionally valid because prior convictions are admissible on credibility, do not reverse the burden of proof, and can be controlled by limiting instructions, while also recognizing a judicial discretion to exclude such evidence in unusual cases where fairness would be undermined.
On the facts, the majority found no unfairness in admitting the accused's prior non-capital murder conviction given the centrality of credibility and the defence attack on the criminal records of Crown witnesses.
The appeal from conviction was dismissed, with a dissent concluding the prior murder conviction should have been excluded and a new trial ordered.
