What is the test for severance when there is an imbalance in the strength of the case against multiple accused?

Ontario, Canada


The following excerpt is from R. v. Zvolensky, 2017 ONCA 273 (CanLII):

Citing Guimond v. The Queen, 1979 CanLII 204 (SCC), [1979] 1 S.C.R. 960, this court acknowledged that a significant imbalance in the strength of the case against each of multiple accused was a factor in determining whether to grant severance, writing at para. 182: We do not suggest that the relative strength of the prosecution case against various accused is the only factor to consider where the conviction of one accused implies the conviction of a co-accused. It is, however, an extremely important consideration. The reason for that is apparent. Where the case against the accused seeking severance is weak and the case against the other accused substantially stronger, there is a greater risk that the jury will resort to the impermissible reasoning of guilt by association to shore up the case against the former.

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