The validity of s. 12 was challenged as it relates to cross-examination of an accused in Corbett v. The Queen, 1988 CanLII 80 (SCC), [1988] 1 S.C.R. 670. It was argued that the section offends the right guaranteed under s. 11(d) of the Charter of Rights of a person charged with an offence to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent an impartial tribunal.
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