Can the Crown argue that answers obtained on the cross-examination of a witness can be used to attack the credibility of another witness?
Canada (Federal), Canada
The following excerpt is from Canada (Port Advisory Committee, Toronto Port Authority) v. Pankratz, 1999 CanLII 8992 (FC):
I do not accept the Crown"s argument. The thrust of the passage from Browne v. Dunn is that answers obtained on the cross-examination of a witness cannot be used to attack the credibility of another witness without giving that other witness an opportunity to defend his credibility. Why? Because that is not a fair way to determine the credibility of the second witness. In the course of a trial, such cross-examination would be stopped and would not be heard at all. That should also be the case in judicial review proceedings.
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