Does the Court of Appeal have the power to reverse the verdict of a jury?

Ontario, Canada


The following excerpt is from R. v. Hensel, 2006 CanLII 14418 (ON SC):

In Burke v. The Queen (1996), 1996 CanLII 229 (SCC), 105 C.C.C. (3d) 205 (S.C.C.), it was pointed out that special concerns arise in cases where the alleged “unreasonableness” of the trial court’s decision rests upon the trial judge’s assessment of credibility and that an appellate court should show great deference to the findings of credibility at trial, given the advantageous position of a trial judge in assessing the credibility of witnesses and the accused. Sopinka J., at pp. 211-212, stated: Despite the ‘special position’ of the trial court in assessing credibility, however, the court of appeal retains the power, pursuant to s. 686(1)(a)(i) to reverse the trial court’s verdict where the assessment of credibility made at trial is not supported by the evidence. … Thus, although the appellate court must be conscious of the advantage enjoyed by the trier of fact, reversal for unreasonableness remains available under s. 686(1)(a)(i) of the Criminal Code where the “unreasonableness” of the verdict rests on a question of credibility. I acknowledge that this is a power which an appellate court will exercise sparingly. That is not to say that an appellate court should shrink from exercising the power when after carrying out its statutory duty, it concludes that the conviction rests on shaky ground and that it would be unsafe to maintain it. In conferring this power on appellate courts to be applied only in appeals by the accused, it was intended as an additional and salutary safeguard against the conviction of the innocent.

Other Questions


Does a Master or Judge in chambers have the power to amend an Order of Appeal where the Master has appealed from the Court of Appeal? (Ontario, Canada)
What is the test for appeal against a judgment by the Court of Appeal in the Superior Court of Justice granting custody to a mother and her two-year-old daughter? (Ontario, Canada)
What are some cases where the Court of Appeal has found that a decision made by a party not to appeal against a decision not to grant leave to appeal is invalid? (Ontario, Canada)
Does the Court of Appeal have any authority to grant leave to appeal to appeal? (Ontario, Canada)
What is the test for setting aside a jury verdict in a trial where counsel's address to the jury is offensive or irrelevant to any issue properly before the jury? (Ontario, Canada)
Does the Court of Appeal have jurisdiction to order a transfer of a cause into this court from another court? (Ontario, Canada)
Can a father's claim that the Court of Appeal and Appeal judges erred in their appreciation of the governing test for variation of child support obligations on the basis of material change in circumstances be accepted? (Ontario, Canada)
How have the courts interpreted the principles of the Court of Arbitration for the purpose of making decisions at an arbitrator rather than the court? (Ontario, Canada)
How have courts treated the phrase “no evidence to support the jury’s verdict” in a civil case? (Ontario, Canada)
What is the evidence relied on in the appeal of the Court of Appeal against a decision to keep an animal in care? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.