Reasons for Judgment — Cromwell J. (Abella, Moldaver, Wagner and Gascon JJ. concurring)
Cromwell J. ― This appeal as of right comes to us on the dissent of Bielby J.A. in the Court of Appeal of the Northwest Territories.
Unlike the majority of the Court of Appeal, we see no reason to be in any way critical of the conduct of defence counsel at trial. However, we are not persuaded that the trial judge’s handling of the jury’s question, either in the timing or content of her response, constituted legal error or gave rise to a miscarriage of justice. The jury was immediately reminded not to deliberate until they had heard the addresses of counsel, and the judge’s charge provided complete and correct legal instructions that were responsive to their question.
The appeal is dismissed.