What is the impact of a trial judge's failure to conduct a proper reliability analysis?
Ontario, Canada
The following excerpt is from R. v. Sanichar, 2012 ONCA 117 (CanLII):
Closely aligned with the trial judge’s failure to conduct a proper reliability analysis was his piecemeal approach to analysing the complainant’s evidence without standing back and asking himself whether – even though he accepted her explanations – the various factors that could favour the defence taken together could nonetheless give rise to a reasonable doubt and, more specifically, whether the absence of evidence in material areas could be the basis for a reasonable doubt: R v. Lifchus, 1997 CanLII 319 (SCC), [1997] 3 S.C.R. 320. As the trial judge noted, the defence does not have to prove anything.
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