What is the test for cross-examination?
Ontario, Canada
The following excerpt is from R. v. Evans, 2019 ONCA 715 (CanLII):
Cross-examination must conform to the general principles of the law of evidence. Questions put, in addition to having a good faith basis, must elicit evidence that is relevant, material and admissible under the adjective law of evidence. The popular courthouse folklore “But this is cross-examination” is simply that. It is not a lifetime pass around and through the thicket of the fundamental principles of the law of evidence: Osolin, at pp. 665-66, citing Morris v. The Queen, 1983 CanLII 28 (SCC), [1983] 2 S.C.R. 190, at p. 201.
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