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R. v. Charland

25656-1997-12-04 [1997] 3 SCR 1006 Decision date 1997-12-04 Docket 25656 English

Judges Lamer, Antonio; Cory, Peter deCarteret; McLachlin, Beverley; Iacobucci, Frank; Major, John C.

Delivered by Cory J.

On appeal from Alberta

Subjects Criminal law

Contents

Cory J.

The trial judge considered the decision of this Court in R. v. Corbett, [1988] 1 S.C.R. 670, and permitted cross‑examination of the accused on his criminal record.

This is a discretionary decision. It is difficult to say that this was a wrongful exercise of that discretion.

The trial judge very carefully and correctly instructed the jury both before the cross‑examination by Crown counsel and in his charge as to the very limited use they could make of that evidence.

There is no reason to think that this jury did not abide by those instructions. Indeed their questions indicated a careful consideration of the issues apparently unaffected by the evidence of the convictions.

We agree with the conclusions of the majority of the Alberta Court of Appeal and this appeal as of right is therefore dismissed. Judgment accordingly. Solicitors for the appellant: Lister & Associate, Edmonton. Solicitor for the respondent: The Attorney General for Alberta, Edmonton.

Cases cited

  • R. v. Corbett 19220-1988-05-26 ¶ 1