R. v. Pilon

THE COURT ‑‑ The present petition seeks to have quashed an appeal entered as of right pursuant to s. 691(1) (a) of the Criminal Code , R.S.C., 1985, c. C‑46 , that is on a question of law on which it is claimed a judge of the Court of Appeal dissents. In instructing the jury, the trial judge must explain the applicable law in a clear and accurate manner as it relates to the facts. In doing this, he must choose judiciously from the evidence presented to discuss particular points with which the jury might need help. It was in respect of this second task that the dissenting judge found the charge inadequate. By agreeing with the majority on all other points on appeal, he indicated that the trial judge had presented the law in an adequate way. His dissent was, thus, not on a question of law but on his appreciation of the adequacy of the facts selected by the trial judge in performing the second task mentioned. The motion to quash the appeal is therefore granted.