Corroboration

Corroboration is rarely required under Canadian law today.  However, if a witnesses is tainted some confirmatory evidence of their testimony is valuable.  Today’s decision in R. v. K.M., 2012 ONCA 319 makes clear that evidence that strengthens the belief in the veracity of a tainted witness can be confirmatory even though it does not provide direct support for the allegations of that witness:

 

[38]         I do not agree. It must be remembered that evidence that strengthens the belief in the veracity of a tainted witness can be confirmatory even though it does not provide direct support for the allegation of misconduct. (See Law Society of Upper Canada v. Neinstein (2010), 99 O.R. (3d) 1 (C.A.)) Here, the evidence of the confession made by the appellant to his wife at the time was undoubtedly too vague to found conviction on its own. But it was certainly capable of confirming the evidence of the complainant.