Outstanding Charges Against Prosecution Witness

Note: Specimen jury instructions serve as a template that trial judges must adapt to the particular circumstances of each trial, not simply read out in whole. They are not designed to be delivered "as-is." More information about the use of specimen instructions is found in the Preface and A Note to Users, which you can find here.

7.24 Outstanding Charges Against Prosecution Witness

Note[52]

(Last revised March 2011)

[1] This Crown witness (or, (NOW)) is charged with (briefly describe offence charged). The trial has not yet been held.

[2] When assessing the weight you give to (NOW)’s evidence, you should carefully consider whether (NOW) may have a motive to testify favourably for the Crown in this trial because s/he may believe that this will help with his/her own case.

[52] This instruction should only be given in relation to prosecution witnesses. See, for example, R. v. Hoilett (1991), 4 C.R. (4th) 372 (Ont. C.A.); Titus v. The Queen, [1983] 1 S.C.R. 259.

This instruction is not intended as a substitute for a Vetrovec warning. See R. v. Vetrovec, [1982] 1 S.C.R. 811 and Final 11.23.