What is the law on what a trial judge must tell the jury about the evidence, the theories of the Crown and the defence?

British Columbia, Canada


The following excerpt is from R. v. West, 1995 CanLII 1209 (BC CA):

47 The classic statement of the law with respect to what the trial judge must tell the jury about the evidence, the theories of the Crown and the defence and the relation of the evidence to those theories is found in Azoulay v. The Queen, 1952 CanLII 4 (SCC), [1952] 2 S.C.R.495 at 497-98 where Taschereau J. in delivering the majority judgment said: The rule which has been laid down, and consistently followed is that in a jury trial the presiding Judge must, except in rare cases where it would be needless to do so, review the substantial parts of the evidence, and give the jury the theory of the defence, so that they may appreciate the value and effect of that evidence, and how the law is to be applied to the facts as they find them. [Emphasis added]

Other Questions


Is a trial judge's failure to give reasons sufficient to determine that the trial judge erred in appreciation of a relevant issue or application of the evidence? (British Columbia, Canada)
Can an appellate court "reconsider" evidence presented at trial when there is a reasoned belief that the trial judge must have forgotten or misconceived the evidence? (British Columbia, Canada)
What is the effect of a trial judge's approach of not putting the defence theory explicitly in the defence? (British Columbia, Canada)
Can a summary trial judge make a finding that a matter is not suitable for disposition by way of summary trial during the hearing of the summary trial? (British Columbia, Canada)
Is a trial judge bound to comment upon all the evidence at trial to support an expert testimony? (British Columbia, Canada)
Does the defence have to be limited in its defence in the defence or preparation for trial? (British Columbia, Canada)
Can a chambers judge proceed under Rule 18A of the Rules of Civil Procedure in a summary trial where there is a conflict in the evidence? (British Columbia, Canada)
Can a summary trial judge draw conclusions without evidence? (British Columbia, Canada)
Can a judge vary the degree of fault fixed by the trial judge? (British Columbia, Canada)
Can a court of appeal interfere with a trial judge's conclusions on viva voce evidence? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.