What is the appropriate remedy for errors in instructions to the jury on the onus of proof?
Nova Scotia, Canada
The following excerpt is from March v. Hyndman, 2010 NSCA 100 (CanLII):
In circumstances where errors in the instructions to the jury on the onus of proof are confusing, such that there is a serious risk the charge has left the jury with a misapprehension of the proper legal principles to apply in deciding proof, a substantial wrong arises and the appropriate remedy is a new trial. Senger v. Lachman, 2008 ONCA 323.
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