Truth, Credibility, And Criminal Records
A courtroom isn’t a referendum on character, and we dig into why that principle matters. We break down the Supreme Court of Canada’s updated guidance on Corbett applications—the rules that govern when an accused’s criminal record can be used to challenge credibility. We talk plainly about the balancing test judges apply: weigh probative value against unfair prejudice. Dishonesty offences like fraud and perjury can be highly relevant to truthfulness; dated youth convictions for non‑deceitful violence usually are not. In the case we cover, the trial judge erred by admitting the latter, but the conviction still stood because the evidence was overwhelming. It’s a sharp lesson in tailoring cross‑examination to credibility, not propensity.
Then we pivot to travel law with a surprising twist: a passenger burns his hand serving oatmeal in an airline lounge and sues. We map the Montreal Convention’s strict liability regime and why “embarking” is the line that matters. Being in a branded lounge past security isn’t enough; you need to be within the airline’s boarding control, like lined up at the gate. With the Convention off the table, the claim turns on occupiers’ liability. Reasonable safety does not mean perfect safety, and common sense counts. Hot food is hot, a clear flame symbol was present, and there was no proof of excessive temperature or unsafe setup—so no negligence.
We close with a procedural reality check: reopening a case after you lose is rare. Courts will only allow it to prevent a miscarriage of justice, not to offer a second chance to fix gaps in evidence. Across these stories, a consistent theme emerges: Canadian law protects fairness through careful boundaries—on what juries hear, when airlines are strictly liable, how far safety duties go, and when a judgment is truly final. Enjoy the tour through credibility, common carriers, and courtroom finality—and if this resonates, follow, share, and leave a review to help others find the show.
Legally Speaking with Michael Mulligan is live on CFAX 1070 every Thursday at 12:30 p.m. It’s also available on Apple Podcasts or wherever you get your podcasts.