The majority judgment cites Harper v. The Queen, 1982 CanLII 11 (SCC), [1982] 1 S.C.R. 2 (per Estey J. at 563) for the following proposition: “An appellate tribunal has neither the duty nor the right to reassess the evidence at trial for the purpose of determining guilt or innocence. The duty of the appellate tribunal does, however, include a review of the record below in order to determine whether the trial court has properly directed itself to all the evidence bearing on the relevant issues. Where the record, including the reasons for judgment, disclose a lack of appreciation of relevant evidence and more particularly the complete disregard of such evidence, then it falls upon the reviewing tribunal to intercede.”
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