In Ontario, character evidence plays an important but limited role in criminal trials. Character evidence is information about a person’s reputation or behavior that might suggest they are more or less likely to have committed a crime. Because this kind of evidence can unfairly influence a judge or jury, the law sets clear rules for when it can and cannot be used.
The General Rule: Character Evidence Is Usually Not Allowed
The general rule is that character evidence is not allowed to prove that someone acted a certain way because of their character. The Supreme Court of Canada explained this rule in a case called R v Handy (2002 SCC 56). The Court said that using character evidence to show someone is more likely to commit a crime is unfair because it can lead to bias and prejudice.
Exceptions: When Character Evidence Can Be Used
Even though character evidence is usually not allowed, there are a few exceptions. A person accused of a crime can present evidence that they have a good character, such as being honest or non-violent. This can help show that they are less likely to have committed the crime. However, if they do this, the prosecution can respond by showing evidence of the accused’s bad character or past crimes.
Another exception is similar fact evidence. Evidence of a person’s past behavior may be allowed if it is very similar to the crime they are accused of and helps prove specific facts like intent or motive. In R v Handy, the Supreme Court said this kind of evidence is only allowed when its value to the case is greater than the risk of unfair prejudice.
In some cases, the defense can introduce evidence about the victim’s character, especially when it relates to the defense’s argument. For example, if someone claims they acted in self-defense, they might be able to show that the victim had a history of violence. However, judges are very careful about allowing this kind of evidence to make sure it is fair and relevant.
How Character Evidence Is Presented
When character evidence is allowed, it can be presented in different ways. Witnesses can describe a person’s general reputation in the community. People who know the person well can share their personal opinions about the person’s character. In rare cases, specific examples of a person’s past behavior may be used if character is directly related to the case.
Judges Must Be Careful When Allowing Character Evidence
Judges have to be very careful when deciding whether to allow character evidence. They must make sure that the evidence’s value in proving the facts of the case is greater than any unfair prejudice it might cause. This helps ensure that criminal trials are fair and focused on the facts, not on assumptions about a person’s character.
In short, character evidence is usually not allowed in criminal trials, but there are some exceptions. Cases like R v Handy show that the courts take great care to balance the need for relevant evidence with the need to protect the fairness of the trial.
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