Is a verdict of guilty set aside because of an unknowing error in law?

New Brunswick, Canada


The following excerpt is from R. v. Lamb, 2018 NBQB 213 (CanLII):

Nonetheless there is a sufficient basis upon which to conclude that an unknowing error in law occurred at the trial of this case that requires the verdict of guilty to be set aside. It is trite to say that the interplay between statutory rights and aboriginal rights vis-à-vis those with Indian status is complex. Moreover, courts have accepted that intangible benefits do flow from the right of Indian status. See, for example, McIvor v. Canada (Registrar of Indian and Northern Affairs) 2009 BCCA 843 (B.C.C.A.) per Groberman J.A. at paragraphs 66-70.

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