R v Boice, 2025 ABCA 252
[20] Section 12 of the Canada Evidence Act, RSC 1985, c C-5, permits the Crown to cross-examine an accused on their criminal record when they have chosen to testify because “a prior criminal record is a fact which, to some extent at least, bears upon the credibility of a witness”: R v Corbett, [1988] 1 SCR 670 at 685, 1988 CanLII 80; see also, R v King, 2022 ONCA 665 at para 139, leave to appeal to SCC refused, 40467 (20 April 2023) and R v MC, 2019 ONCA 502 at paras 53-54. However, when an accused brings a Corbett application, the trial judge has discretion to exclude evidence of all or some of the accused’s prior criminal convictions where its prejudicial effect would outweigh its probative value: Corbett at 697-698; King at para 145; MC at para 58.
[21] The risk of jurors misusing an accused’s criminal record and engaging in improper propensity reasoning is reduced by appropriately limiting the scope of the cross-examination and with an instruction to the jury regarding how they may or may not use the evidence: Corbett at 688-697; MC at para 55. With respect to the first of these safeguards, the cross-examination of an accused on a prior criminal record should generally be restricted to the offence upon which they were convicted, the date and place of the conviction, and the penalty imposed. However, where an accused places their character in issue, it is permissible for the Crown to cross-examine the accused on prior acts and discreditable conduct, including the details of the prior convictions: R v W(LK) (1999), 126 OAC 39 (CA) at para 66, 1999 CanLII 3791, leave to appeal to SCC refused, 28036 (2 November 2000); R v Moores, 2020 NLCA 23 at paras 8-12; MC at para 55; see also, King at para 142. The Crown may also be justified in seeking further information or details when an accused denies having committed a prior offence or is evasive and misleading about their criminal record: R v Strathdee, 2020 ABCA 306 at para 50.
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