Doubt in Favour of the Defendant, Guilty Beyond Reasonable Doubt
the instruction did not amount to reversible error.558 The case went to
the Canadian Supreme Court, which granted the appeal and ordered a new
trial.559
The Canadian Supreme Court noted that questions from the jury must
be answered in a “careful, complete and correct manner.”560 It reasoned
that, “[i]n light of the importance of the burden of proof and reasonable
doubt filter to the integrity and reliability of a verdict and to the fairness
of an accused’s trial, a trial judge’s instructions must be careful, lucid and
scrupulously sound.”561
The Court held that in assessing whether a trial judge’s instructions on
the burden of proof amount to reversible error, a court must consider:
i.
ii.
whether the impugned instruction is inconsistent with what was
said in the initial charge or is simply erroneous standing by itself;
and
whether, after placing the inconsistency or error in the context
of the charge as a whole, there is a reasonable possibility that the
jury might have been misled by those instructions into either
applying a standard of proof less than proof beyond a reasonable
doubt or improperly applying the burden of proof or reasonable
doubt standard in arriving at their verdict.562
The Court considered the first instruction of the trial judge, when read
in the context of the entire jury charge, could not have misled the jury
into applying a standard of proof less than the required standard of proof
beyond a reasonable doubt.563 It considered that, although the second
impugned instruction was confusing for the jury, “in itself [it] would not
be sufficient to order a new trial.”564 However, the Court considered the
third instruction, which instructed the jury that they must be unanimous
in their doubt before they could acquit “[was] clearly an error.”565 The
Court reasoned:
[W]hile a jury’s verdict had to be unanimous, jurors could arrive at
that verdict by taking different routes. This instruction tainted all of
the trial judge’s earlier instructions on reasonable doubt…. coupled
with the previous instruction, there is a reasonable possibility that
the trial judge’s erroneous instruction may have misled the jury
into improperly applying the reasonable doubt standard in arriving
at their verdict.566
The Court granted the appeal and ordered a new trial.567
Brydon, para. 9.
Brydon, para. 25.
560
Brydon, para. 16.
561
Brydon, para. 18.
562
Brydon, para. 19.
563
Brydon, para. 21.
564
Brydon, para. 23.
565
Brydon, para. 24.
566
Brydon, para. 24-25.
567
Brydon, para. 25.
558
559
122
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