Can the phrase "participant in that agreement" bear more than one meaning?

Ontario, Canada


The following excerpt is from R. v. Dieckmann, 2017 ONCA 575 (CanLII):

We do not agree with this submission. Certainly, the phrase “participant in that agreement” can bear more than one meaning. The question is whether the meaning was clear in the context in which it was used. Participation connotes knowing involvement. The wording used by the trial judge was arrived at after extensive pre-charge discussions among the trial judge and counsel. All counsel were satisfied that the phrase “participant in that agreement” would be understood by the jury as meaning knowing participation in the agreement. We take the same meaning from the phrase as used by the trial judge. (vii) The alleged violation by the Crown in its closing address of the rule in Browne v. Dunn

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