Canadian Criminal Evidence/Credibility/Prior Inconsistent Statements

General Principles
Prior inconsistent statements are the primary manner of impeaching a witness’s credibility.

Section 10 and 11 of the CEA provide limitations on the issue and manner of impeachment with written or oral statements. These provisions are purely procedural and do not provie and substantive rights.

Section 10 states:

Section 10 permit cross examination on a statement without showing the statement being shown to the witness, but the judge has discretion to require the statement to be shown to clarify things. Thus, when impeaching on a written statement, counsel may hold back the written statement from the witness while questioning on the existence of the prior statement until such time as counsel attempts to impeach the party.

This section addresses cross examination of the opposing party's witnesses and not the calling party's witnesses as contemplated in s. 9.

There is no need for a declaration of adversity as in s.9(1).