Previous Convictions of Non-Accused Witness (Credibility)

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.

7.5 Previous Convictions of Non-Accused Witness (Credibility)

Note[32]

(Last revised March 2011)

[1] You have heard that (NOW) has previously been convicted of a criminal offence. You may use that conviction to help you decide how much or little of (NOW)’s evidence you will believe or rely on.

[2] Some convictions, for example ones that involve dishonesty, may be more significant than others. Consider, as well, whether the previous conviction is recent, or happened a number of years ago.

[3] A previous conviction does not necessarily make the evidence of (NOW) unbelievable or unreliable. It is only one of many factors for you to consider in your assessment of (NOW)’s testimony.

[32] See s. 12, Canada Evidence Act. It may not be necessary to give this instruction mid-trial. Counsel should be consulted. Where the non-accused witness is also alleged to be the perpetrator, and prior convictions are relied upon as evidence of disposition, Mid-Trial 7.6 should be given.