iii. IMPROPER QUESTIONS Section 41 provides that the court must disallow a question put to a witness in cross-examination, or inform the witness that it need not be answered, if the court is of the opinion that the question is improper. Improper questions are also referred to as disallowable questions. A question is improper/disallowable if it: – is misleading or confusing (s 41(1)(a)), or – is unduly annoying, harassing, intimidating, offensive, oppressive, humiliating or repetitive(s 41(1)(b)), or – is put to the witness in a manner or tone that is belittling, insulting or otherwise inappropriate(s 41(1)(c)), or – has no basis other than a stereotype (for example, a stereotype based on the witness’s sex, race, culture, ethnicity, age or mental, intellectual or physical disability) (s 41(1)(d)) Section 41(2) provides that in determining whether a question is improper, the court will take into account several factors.
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Approximately 19296 words over 40 pages. Prepared in 2019.