R. v. Limoges

1. Beetz J.‑‑We are all of the view that this appeal should be allowed. We are substantially in agreement with the reasons of Montgomery J.A., who found that the trial judge erred in law in his directions to the jury on the burden of proof of an alibi, and that his remarks regarding unanimity of the verdict could have given the jury the impression that they had to return a verdict. With respect, in view of the cumulative effect of these errors we do not share the view of Malouf and Chouinard JJ.A. that this is a case in which s. 613(1)(b)(iii) of the Criminal Code applies. The appeal is accordingly allowed and a new trial ordered.