PROCEDURE - Trial judge’s duties - Charge or directions

Law360 Canada (September 1, 2022, 5:45 AM EDT) -- Appeal by Subramaniam from his conviction for drug offences. Canada Border Services Agency officers found methamphetamine in a secret compartment in a car driven by Subramaniam. The key issue at trial was whether he knew of the secret compartment and that it contained a controlled substance. In the introduction to the final jury charge, the trial judge wrote, “If you accept evidence as being probably true, or more probably true than not true, then you must take that evidence as proof of a fact”. Subramaniam argued that the trial judge erred in the instruction....
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