Character evidence for the accused can be challenged by the prosecution. Once placed in issue at trial it opens the door for the prosecution to respond with evidence of bad character. If the Crown responds with evidence of bad character, it is admissible solely to rebut the evidence of good character and is only admissible if the accused first puts his character in issue.
The prosecutor is expected to advise the accused in advance if the prosecutor intends to call evidence of bad character if the good character of the accused is advanced or put into evidence by the accused either directly or by inference at trial. This alerts the accused to the possibility of bad character evidence at trial if he or she places their good character in issue during the evidence, or, by inference from suggestions made during cross-examination that allow for the interpretation that the accused is of good character.
Character evidence can become an issue in the trial via actual evidence, or by suggestions and cross- examination that raise the issue of good versus bad character.
It is wise for Defence counsel to request, as part of the Crown’s disclosure package, any information the Crown intends to use in support of bad character at trial. It is best to know what evidence the Crown has concerning bad character well in advance of the trial so that it can be anticipated and countered effectively. Evidence by the accused of good character also permits the prosecution to adduce evidence of previous criminal convictions. Prior criminal convictions permit the inference that the accused is not of good character.
The above is the an excerpt of Patrick J Ducharme’s book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
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