Majority
The judgment of the Court was delivered orally by
Lamer J.
Lamer J. ‑‑ We need not hear from you Mr. Fainstein. Justice Cory will read the judgment for the Court.
Cory J.
Cory J. ‑‑ This is an appeal as of right. We find no error in the reasons and conclusions of the majority of the Court of Appeal of Nova Scotia.
The choice of wording by the trial judge in some of his references to the requirement that the Crown prove its case beyond a reasonable doubt and to the issue of the credibility of the witnesses for the defence was less than ideal. Nonetheless, when the charge is looked at as a whole, it becomes clear that the jury was adequately and properly instructed on numerous occasions on both these issues and could not have been misled.
In the result, the appeal is dismissed.
Judgment accordingly.
Solicitors for the appellant: Scaravelli & Garson, Halifax.
Solicitor for the respondent: John C. Tait, Ottawa.