Can facts to establish bias on the part of a witness be elicited on cross-examination and, if denied, may be independently proved?
Ontario, Canada
The following excerpt is from R. v. S. (A.), 2002 CanLII 44934 (ON CA):
[32] I would not give effect to this ground of appeal. "Facts to establish bias on the part of a witness may be elicited on cross-examination and, if denied, may be independently proved": McDonald v. The Queen, 1959 CanLII 25 (SCC), [1960] S.C.R. 186 at 191. The trial judge treated the contrary evidence of the police officer as independent proof of the facts that entitled him to infer bias on the part of the mother. (3) Rejection of Appellant’s Evidence
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