In other words, the justice must be satisfied that there is "no evidence" upon which a reasonable jury, properly instructed, could return a verdict of guilty [see: United States of America v. Shephard, 1976 CanLII 8 (SCC),  2 S.C.R. 1067, at p. 1080, 30 C.C.C. (2d) 424, 34 C.R.N.S. 207, 70 D.L.R. (3d) 136, 9 N.R. 215]. This is referred to as the “Shephard test.”
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