Applying Gladue Principles to Corbett Applications in R v King: A New Safeguard for Indigenous Accused Persons?
In R v Hart, Cromwell JA stated that the cross-examination process is a “cornerstone of the adversarial trial process… [and that] it is an important vehicle for the discovery of truth. The decision by the Ontario Court of Appeal (ONCA) in R v King adds an additional layer of protection for accused persons of Indigenous ancestry. The newfound precedential impact of R v King, as it relates to the Corbett applications of Indigenous accused persons, is ultimately the subject of i
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
