Section 26 is
repealed and the following section is inserted instead —
(1) The court may
disallow a question put to a witness in cross-examination, or inform the
witness that it need not be answered, if the question is —
(a)
misleading; or
(b)
unduly annoying, harassing, intimidating, offensive, oppressive or repetitive.
(2)
Subsection (1) extends to a question that is otherwise proper if the
putting of the question is unduly annoying, harassing, intimidating, offensive
or oppressive.
(3) Without limiting
the matters that the court may take into account for the purposes of
subsection (1), it is to take into account —
(a) any
relevant condition or characteristic of the witness, including age, language,
personality and education; and
(b) any
mental, intellectual or physical disability to which the witness is or appears
to be subject.
”.