Supreme Court


Trial

CHARGE TO JURY
Trial judge may not express opinion that will influence jury on verdict

Accused’s conviction for second degree murder set aside and new trial ordered. Trial judge may express opinion on question of fact when warranted so long as circumstances permit but judge may not express opinion that will influence jury on verdict. Trial judge committed error by failing to simply outline defence theory, instead attempting to demonstrate its implausibility and by failing to repeat caution regarding own opinion. Summary of defence theory should be presented objectively.

R. c. Mailhot (Mar. 28, 2013, S.C.C., McLachlin C.J.C., LeBel J., Fish J., Abella J., Rothstein J., Moldaver J., and Wagner J., File No. 34881) 108 W.C.B. (2d) 407.

cover image

DIGITAL EDITION

Subscribers get early and easy access to Law Times.

Law Times Poll


Law Times reports that there is no explicit rule that lawyers in Ontario must be competent in the use of technology. Do you think there should be explicit rules spelling out the expectations of lawyers’ in terms of tech use in their practice?
RESULTS ❯