Instructing the Jury on the Limits of Demeanor Evidence
It is very common in trials where the credibility of a complainant is at issue that the Crown’s submissions will, among other things, address the demeanour of a complainant: for instance, that the complainant’s testimony had the ring of truth; that the complainant testified in a manner that was simple and straightforward; that the complainant appeared to do his/her best to answer all of the questions. The trier of fact (whether it be a judge or a jury), however, should be cognizant of the fallibility of evaluating credibility based on the demeanour of witnesses. A trial judge should generally instruct the jury on the limits of demeanor evidence in assessing credibility. The Canadian Judicial Council’s Model Jury Instructions , Part I, Preliminary Instructions, 4.11 Assessing Testimony (online: https://www.nji-inm.ca/index.cfm/publications/model-jury-instructions/?langSwitch=en) includes the following instruction: What was the witness’s manner when he or she testified? Do not j...