Limiting and Corrective Instructions for Juries
It
is fundamental that to be receivable in a criminal trial, evidence must be
relevant, material and admissible. When one party contends that evidence
proffered by another party is irrelevant, immaterial or inadmissible, that
party should object to the proffer on specific grounds.
When
objection is taken to the relevance, materiality or admissibility of an item of
evidence, the task of the trial judge is to determine the validity of the
objection and, in turn, the receivability of the evidence.
A
judge presiding over a criminal jury trial has a duty to ensure that only
relevant, material and admissible evidence gets before the jury.
A
jury charge (the judge's instructions to the jury concerning the law that
applies to the facts of the case on trial) must be viewed contextually to
determine whether or not it achieves the function for which it is
intended. This standard was set out in R. v. Simon, 2010 ONCA 754 (CanLII).
Within
the jury charge, the judge may be required to provide corrective or limiting instructions
to the triers of fact (the jury). Whereas
a corrective instruction
relates to evidence that is inadmissible, a limiting instruction applies to evidence that is admissible for
one purpose, but not for another.
Limiting
instruction Where evidence of limited
admissibility is received, the presiding judge has an obligation to instruct
jurors about the permitted and prohibited use of that evidence:
B. (F.F.), at pp. 733-734; R. v. Starr, 2 S.C.R. 144,
at para. 184; R. v. Largie, 2010 ONCA 548 (CanLII), 101 O.R. (3d) 561, at
paras. 106-197.
The absence
of a limiting instruction, standing alone, does not necessarily create
reversible error: R. v. A.W.B.,
2015 ONCA 185, 322 C.C.C. (3d) 130, at para. 59. For instance, an important but not
dispositive factor in determining whether appellate intervention is warranted
is the failure of counsel to object to the absence of a limiting instruction within
the jury charge.
Corrective
instruction Where
inadmissible evidence seeps into a criminal jury trial, the trial judge should
instruct the jury in such a way to ensure that the evidence is not misused in
the jury’s decision-making:
R. v. A. (J.) (1996), 1996 CanLII 1201 (ON CA), 112 C.C.C. (3d) 528 (Ont. C.A.), at p. 537.
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