Evidence of Good Character - National Judicial Institute

Note: Specimen jury instructions serve as a template that trial judges must adapt to the particular circumstances of each trial, not simply read out in whole. They are not designed to be delivered "as-is." More information about the use of specimen instructions is found in the Preface and A Note to Users, which you can find here.

11.1 Evidence of Good Character

Note[73]

(Last revised June 2012)

[1] You have heard evidence about (NOA)’s good character (briefly summarize character evidence).

[2] Good character, by itself, is not a defence to a charge, but you may infer that a person with these character traits would be less likely to commit the offence charged. Evidence of (NOA)’s good character might cause you to have a reasonable doubt about (NOA)’s guilt. It is for you to decide how much or how little weight you will give to this evidence. Consider the good character evidence, along with the rest of the evidence, in deciding whether the Crown has proved (NOA)’s guilt beyond a reasonable doubt.

(Where the person charged has testified, add:)

[3] (NOA) has testified. Evidence of his/her good character may make his/her testimony more worthy of belief. This is because it is reasonable to consider, although it is not always the case, that a person of good character is more likely to tell the truth[74] . You should consider this evidence, along with the rest of the evidence, to help you decide how much or little of (NOA)’s testimony you will believe or rely on.

(Where the Crown has cross-examined character witnesses concerning reported conduct inconsistent with the claimed good character, add:)

[4] The Crown has cross-examined (NOW) about whether s/he had heard anything that contradicted (NOA)’s reputation for (describe relevant character trait). You may consider (NOW)’s answers only in deciding whether you accept (NOW)’s description of (NOA) as a person of good character. You must not use (NOW)’s answers to find that (NOA) is a person of bad character and therefore likely to have committed the offence charged.

(The preceding paragraph, with appropriate modifications, should also be given where the Crown has cross-examined (NOA).)

(Where the Crown has called adverse witnesses in reply, add:)[75]

[5] The Crown has called (NOW2) who testified that (NOA) does not have the good reputation for (describe relevant character trait) described by (NOW1). You may consider this evidence only in deciding whether or how much you will rely on (NOW1)’s testimony and whether (NOA) has a good reputation for (describe relevant character trait). You must not use (NOW2)’s evidence to find that (NOA) is a person of bad character and therefore likely to have committed the offence charged.

[73] This instruction may require some modification in cases of sexual assault involving children. The Supreme Court of Canada noted that such sexual misconduct often occurs in private and therefore may not be reflected in the accused’s reputation for morality in the community. (R. v. Profit, [1993] 3 S.C.R. 637)

[74] This language tracks R. v. C.W.H. (1991), 68 C.C.C. (3rd) 146 (BCCA).

[75] Where the Crown offers prior convictions to rebut evidence of good character, Final 11.5 should be given.