Recorded on November 1, 2024, 74 min.

As every lawyer knows, when the accused takes the witness stand, they can be cross-examined on their prior convictions, like any other witness, for the purpose of testing credibility. In jury cases, the trial judge has a discretion to exclude part or all of the record in reliance on R v Corbett, the Supreme Court’s 1988 decision. Though there are certain principles that have received widespread acceptance, most of the discretion operates in a decidely erratic fashion. In 2025, the exercise of this discretion and the principles that should guide it will be back before the Supreme Court, which granted leave in the case of R v Hussein, an Ontario decision.

Join Peter Sankoff and Brandon Chung, counsel for Mr. Hussein, as they unpack why Corbett needs to be reconsidered, what’s at stake, and what counsel should focus on in making a Corbett application going forward.