Does the Crown have grounds to impeach Zachary's evidence at the Superior Court of Justice?
Ontario, Canada
The following excerpt is from R. v. Powell, 2021 ONCA 271 (CanLII):
The appellants argue that the trial judge’s rejection of Zachary’s evidence was based on an unfounded inference of bias. They contend that the Crown did not raise the issue of bias in accordance with the rule in Browne v. Dunn, and it would be unfair to reject such evidence without any effort to impeach the witness or without any factual foundation to suggest bias.
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