Corbett Applications

Today’s decision in  R. v. Paul, 2009 ONCA 443 gives a good restatement of Corbett:

 

[14]          We cannot agree with this submission.  Cross-examination of a witness, including an accused, on his or her criminal record is presumptively admissible.  A judge may, in the exercise of his or her discretion, disallow cross-examination where he or she is satisfied that despite the safeguards available in the trial process, most especially a proper jury instruction, the potential prejudice flowing from that cross-examination is sufficient to justify exclusion of cross-examination on the record.  As Dickson C.J.C. observed in R. v. Corbett (1988), 41 C.C.C. (3d) 385 at 399-401, trial by jury assumes that as a general rule, juries will follow limiting instructions.  That assumption must be given due weight when a trial judge is asked to exclude cross-examination in a “Corbett” application.