Reasons for Judgment — Moldaver J. (Wagner C.J. and Abella, Karakatsanis, Gascon, Côté, and Rowe JJ. concurring)
Moldaver J. — We are in essential agreement with the reasons of Justice O’Ferrall.
In particular, we agree that the learned trial judge conflated the actus reus and mens rea of the offence and did not sufficiently explain the concept of marked departure in a way that the jury could understand and apply it.
Accordingly, we would allow the appeals, quash the convictions and order a new trial.