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Criminal - Jury Charge - Limited Use Instruction. R. v. Pierre
In R. v. Pierre (Ont CA, 2025) the Ontario Court of Appeal allowed a criminal appeal, here from a conviction for second-degree murder.
Here the court considered a 'limited use' jury charge, applicable where evidence - which can be used for more than one purpose - needs to be cautioned on to limit it's use:A. The Limited Use Instruction
[55] In Calnen, at para. 113, Martin J., who in her dissenting judgment stated for the court the general legal principles that apply to the use of after-the-fact conduct, said:Evidence is to be used only for the particular purpose for which it was admitted. When evidence is admissible for one purpose, but not for another, the finder of fact, whether judge or jury, needs to be mindful of and respectful of its permissible and impermissible uses. In such cases, a specific instruction to a jury that certain evidence has a limited use or is of no probative value on a particular issue is required. See also, White (2011), at para. 39.
[56] As Watt J.A. explained in McGregor, at para. 106, “Instructions limiting the use of evidence by the trial judge typically include three elements: (i) identification of the evidence to which the instruction applies; (ii) an instruction on the permitted use of the evidence, and (iii) an instruction on the prohibited use of the evidence” (emphasis in original). At paras 57-65 the court considers such instructions in light of the case facts.
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