Can a jury be salvaged under section 686(1)(b)(iii) of the Criminal Code?
British Columbia, Canada
The following excerpt is from R. v. Coutereille, 1995 CanLII 1813 (BC CA):
2425 Crown counsel quite properly conceded that if the statements made by Coutereille in response to the officer's questions should have been excluded, the verdicts in this case could not be salvaged under s. 686(1)(b)(iii) of the Criminal Code. I agree that it could not be said the verdicts would necessarily have been the same if those incriminating statements had not been admitted: Colpitts v. The Queen, 1965 CanLII 2 (SCC), [1965] S.C.R. 739.
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