What is the credibility of witnesses at a sexual assault hearing?

Manitoba, Canada


The following excerpt is from Leonhardt v Manitoba, 2018 MBHR 3 (CanLII):

40. All witnesses, including the complainant, appeared sincere and honest in giving evidence about events that occurred approximately seven years earlier. However given the lengthy passage of time between the incident and the hearing I have concerns about the reliability of some of the evidence. I am mindful of the guidelines articulated in Faryna v. Chorny, 1951 CanLII 252 (BC CA), [1952] 2 D.L.R. 354 (B.C.C.A.) at 356-357: The credibility of interested witnesses, particularly in cases of conflict of evidence, cannot be gauged solely by the test of whether the personal demeanor of the particular witness carried conviction of the truth. The test must reasonably subject his story to an examination of its consistency with the probabilities that surround the currently existing conditions. In short, the real test of truth of the story of a witness in such a case must be its harmony with the preponderance of the probabilities which a practical and informed person would readily recognize as reasonable in that place and in those conditions. (emphasis added)

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