What is the test for adducing evidence in the issue of character in issue?
British Columbia, Canada
The following excerpt is from R. v. Krause, 1984 CanLII 639 (BC CA):
That case is distinguishable for the reason that the accused, who was charged with conspiracy related to the manufacture, of possession and distribution of counterfeit money, put his character in issue by adducing evidence [at p. 123] "apparently for the purpose of attempting to establish that he was a substantial business man not likely to be engaged in the business of making counterfeit money". The evidence called in rebuttal went to show that the accused was not as suggested engaged in business in a substantial way and was therefore relevant to the issue of character: see Morns v. The Queen (1978), 1978 CanLII 168 (SCC), 43 C.C.C. (2d) 129 at p. 158, 91 D.L.R. (3d) 161, [1979] 1 S.C.R. 405. It will also be noted that McKay J.A. said that "Evidence in chief to be admissible must be relevant to the issues being tried".
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