Index

• Author: Justice Cameron Gunn/Mona Duckett/Patrick McGuinty
• Pages: 331-338

331

Index

accomplices, 275-77

accused

credibility as witness

concerns on elaboration, 290-91

direction, 291-92

guidance, 288-89

lack of credit and proof of guilt, 287

underlying principles, 289-90

W(D) test, 287-88

cross-examination, see accused

cross-examination

failure to testify, 41-43

preparation, see accused preparation

testimonial privilege, 62-63

accused cross-examination

described, 31

ethical take-aways, 38-39

improper

abusive questioning or attacks on

character, 36

editorial comment during questioning, 36

facts behind prior convictions, 36

failure to confront, 35

right to disclosure, 34

right to silence, 32-34

veracity of other witnesses, 34-35

withdrawn guilty pleas, 37

witness and evidence not called, 35

practical take-aways, 39

proper, 37-38

accused preparation

cross-examination, 24-25

testifying

described, 16

direct examination, 22-23

early interviews, 16-18

ethical take-aways, 23

practical take-aways, 24

rules checklist, 19

trial preparation, 19-21

adoption, 226

adversarial bias, 189

adverse witness

Canada Evidence Act, section 9(1) application

described, 128-29

establishing adverse witness, 130-32

permissible scope, 129-30

successful use, 132-33

described, 39, 129-30

interviewing, 39-40

aant cross-examination, 219-20

alibi evidence, 43-44

assessing witness credibility, see credibility

association bias, 190

bias

expert’s impartiality, 187-90

police expert witness, 190-92

types, 189-90

Browne v Dunn rule

described, 162-63

ethical take-aways, 171

nature of and compliance with

described, 163-64

practicality, 164-66

timely objection, 166-67

practical take-aways, 172

remedies for breach

described, 167-70

factors, 169

failure to abide, 170-71

Canada Evidence Act

accused person’s right to remain silent, 43

adverse witnesses, 39

child or vulnerable witnesses, 223

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