What is the test for cautionary witness instruction in a criminal case?

Manitoba, Canada


The following excerpt is from R. v. McCargar, 2020 MBQB 39 (CanLII):

A cautionary witness instruction is not limited to accomplices or those who fit the traditional definition of an unsavoury witness but may be required for witnesses found not credible or unreliable for other reasons. In determining whether to give some form of cautionary warning, the trial judge should focus on the facts that are stated to make the witness or the evidence unreliable or not credible, rather than asking whether a particular category of witness or evidence is at issue (see R v. Fatunmbi, 2014 MBCA 53, at para. 34).

Other Questions


Can a lawyer who fails to put a proposition of evidence to a witness in cross-examination in a civil matter be held liable to sue the witness in a criminal case? (British Columbia, Canada)
Can a police credibility analysis be used to determine the credibility of a witness in a criminal case? (British Columbia, Canada)
What is the minimum instruction for a jury to raise a reasonable doubt in a criminal case? (British Columbia, Canada)
Does the principle against self-incrimination apply to a witness in a criminal case? (British Columbia, Canada)
Can an undercover police officer be accepted as an expert witness to provide evidence in a criminal case? (British Columbia, Canada)
In a criminal case, in what circumstances will a prosecutor be able to question a witness in question? (Saskatchewan, Canada)
What is the effect of the hearsay evidence rule on the testimony of a witness in a criminal case? (Saskatchewan, Canada)
What is the current state of the law on cautionary instruction to the jury in a sexual assault case? (Canada (Federal), Canada)
Is a defendant's criminal record admissible in a criminal case? (Ontario, Canada)
What is the test for a witness to be cross-examined in a witness case? (Ontario, Canada)