jury charge

Deferring to the Jury in R v Waterman

Cautioning the Jury About Unsavoury Witnesses: The Vetrovec Warning

Last Thursday, the Supreme Court released its rulings on R v Khela, 2009 SCC 4 [Khela], and R v Smith, 2009 SCC 5 [Smith], two companion cases involving allegations of first-degree murder. In both proceedings, the Crown’s case relied on the testimony of witnesses who had a motive to lie and who were therefore considered unsavoury. As […]

A Fish to Fry: Another Sharply Divided Court in R v Daley

The Supreme Court of Canada ("SCC") recently released its decision in R v Daley, 2007 SCC 53 [Daley]. Though the majority and dissenting camps agreed upon the content of an appropriate jury instruction for the defence of intoxication, the two sides differed sharply when judging whether or not the trial judge delivered a fair and balanced […]