Appellate Review of Jury Charges

 

The focus of appellate review of jury charges is whether, after a functional and contextual review of the charge and of the trial as a whole, the jury instructions adequately prepared the jury for deliberations: R v Barrett, 2016 ONCA 002 at para 18; R v CKD, 2016 ONCA 66 at para 22

 

 

Appellate Review of Constitutional Questions

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The standard of review on questions of constitutional interpretation is correctness. That said, the Supreme Court in Bedford v. Canada (AG), 2013 SCC 72 at paras 49 at 56,established that absent reviewable error in the trial judge’s appreciation of the evidence, an appellate court should not interfere with the trial judge’s conclusions on social, legislative or adjudicative facts: York (Regional Municipality) v Tsui, 2017 ONCA 230 at para 54

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Regulatory Boards

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The Registrar of Firearms has specialized expertise. A Registrar’s decision is entitled to deference and is reviewed on a reasonableness standard...On review, the provincial court engages in its own fact finding, but under the umbrella of deference: R v Vivares, 2016 ONCA 001 at paras 24-25

 

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