top of page
The rule in Browne v. Dunn is a rule of fairness, not a fixed or invariable rule. The rule does not require every detail of anticipated conflicting evidence be put to a witness, but that where the conflicting evidence is material, failure to do so may have a negative impact on the accused’s credibility: R v Martin, 2017 ONCA 322 at para 8
The trial judge has discretion to determine the extent of the applicability of the rule in any given case.
Where the rule in Browne and Dunn has been breached, the trial judge has substantial discretion to determine the appropriate remedy: R v Grizzle, 2016 ONCA 190 at paras 13-14
bottom of page