Character Evidence

General Facts About Character Evidence

100

True or False: 

At common law, general character evidence is admissible

FALSE

• At common law, there is an exclusionary rule for general character evidence
• R v Handy
• The exclusion of evidence of general propensity or disposition has been repeatedly affirmed in this Court and is not controversial

200

What is Character Evidence?

• Refers to any evidence regarding the character of an individual
• Character Evidence is evidence on individual’s personality traits, propensities, or moral standing

300

Finish the sentence

"Reports of the accused's reputation in the community" is ....

Reports of the accused's reputation in the community is one way character evidence can be established

400

True or False: 

Character evidence invites the trier of law to make an inference that the person is of a certain "type" and acted consistently with that type of character

FALSE

Character evidence invites the TRIER OF FACT to make an inference that the person is of a certain "type" and acted consistently with that type of character

500

List the three exceptions to the rule against character evidence

• Where the evidence is relevant to an issue in the case after balancing the probative value and the prejudicial effect
• Where the accused puts her character in issue
• Where the evidence is adduced incidentally to proper cross-examination of the accused on their credibility

Character of Accused

100

Yes or No:

Can defendants adduce evidence of their own good character?

Yes!

200

True or False:

Good and bad character evidence is generally inadmissible

FALSE

Good - generally admissible

Bad - generally inadmissible

300

If the accused states in his testimony at trial that he is a "great person", what provision of the CC does this engage and why?

• When the accused adduces good character evidence, section 666 applies
• Section 666 permits the Crown to adduce evidence of bad character to rebut the good character evidence

400

The rules on leading character can be ignored in limited circumstances such as...

- where it simply shows context or is a part of a narrative

500

Explain Cut-Throat Defence

• In a trial with multiple defendants, an accused person may adduce evidence of the co-accused's bad character for the purpose of establishing a greater likelihood of the co-accused's responsibility for the offence. 

BONUS POINT/DOUBLE OR NOTHING: True or False

• This evidence may only be used to establish the innocence of the accused and the guilt of the co-accused

Character of Witnesses

100

Yes or No:

Are victims considered witnesses as well?

Yes.

200

What is the purpose of bad character evidence?

• Bad character of a witness can be used in several ways including to undermine their credibility or to establish propensity for violence in a self-defence case.

300

According to the three exceptions to the rule against character evidence, why would relevant character evidence of witnesses be inadmissible? 

The court may exclude relevant character evidence of witnesses when the probative value of the evidence is substantially outweighed by the prejudicial effect

400

Can you ask a witness about the honesty of another witness?

- No you cant!

- But you can ask a witness about another witness' reputation for honesty

Bonus Point/Double Up/All or Nothing:

What type of evidence category would this question fall under?

500

An accused charged with murder raises a self defence argument...what other evidence may the accuse adduce in this scenario

The accused may adduce evidence;

• of the victim's reputation for violence in order to show that the victim was likely the aggressor and may have attacked the accused first.
• that shows the accused knew of the victim's reputation for violence which was well founded and so the accused would have acted reasonably

Character of Sexual Assault Victims

100

True or False:

Sexual reputation evidence challenges or bolsters credibility

FALSE

• Section 276 further prohibits the use of "sexual reputation" evidence to challenge or bolster credibility

200

What section of the CC provides that exclusionary rule of evidence prohibiting any party from adducing evidence of sexual activity of a complainant that is not part of a criminal offence on the basis that it may be used to support prohibited inferences related to the sexual activity of the victim

S. 276

300

True or False:

Only the defence has to bring an application to the trial judge before they can adduce sexual activity

• The exclusionary rule found in s. 276 will require both defence AND CROWN to bring an application to the trial judge before they can adduce sexual activity evidence

400

For the test of admissibility under s. 276, what is stage 1 under the record screening regime

• whether the evidence is a “record”

500

Which case lead Parliament to enact s. 276?

• The intention of Parliament in enacting the s. 276 provision was to respond to the findings of R v Seaboyer as they relate to the false relevancy of prior sexual activities

BONUS POINT/ALL OR NOTHING:

Dual myths were founded on the belief that....