Applying Gladue Principles to Corbett Applications in R v King: A New Safeguard for Indigenous Accused Persons?
Defence counsel may prepare what is known as a Corbett application which prohibits the extent or use of the accused’s “record of conviction in cross-examination” to limit attacks against their credibility. While in the past some safeguards have been developed and used to prevent the misuse of a criminal record as evidence of guilt against the accused during cross-examination, the recent 2022 decision by the Ontario Court of Appeal (ONCA) in R v King adds an additional layer o
