What are the reasons for a finding that a trial judge erred in his or her appreciation of a relevant issue or of evidence?
British Columbia, Canada
The following excerpt is from R. v. Rempel, 1998 CanLII 5719 (BC SC):
A complete absence of reasons is to be contrasted with remarks containing a rational basis for a conclusion that the trial judge erred in his or her appreciation of a relevant issue or of evidence that would affect the propriety of the verdict: Harper v. The Queen (1982), 1982 CanLII 11 (SCC), 65 C.C.C. (2d) 193 (S.C.C.) at p. 210; MacDonald v. The Queen (1976), 1976 CanLII 140 (SCC), 29 C.C.C. (2d) 257 (S.C.C.) at p. 263.
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