What is the test for the application of s. 686 (1)(b)(iii) of the Criminal Code of Canada?
Alberta, Canada
The following excerpt is from R. v. Henke, 1989 ABCA 263 (CanLII):
In Leany and Rawlinson v. The Queen (S.C.C., September 14, 1989, as yet unreported) McLachlin J. re-stated the test for the application of s. 686 (1)(b)(iii): "The test set out in R. v. Colpitts 1965 CanLII 2 (SCC), [1965] S.C.R. 739 is met: there is no possibility that a reasonable jury, properly instructed and acting judicially, could fail to convict on the admissible evidence…"
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