What is the test for dismissing an appeal under s. 613(1) (b)(iii) of the Criminal Code of Canada for the error of a judge at the Court of Appeal?
Saskatchewan, Canada
The following excerpt is from R. v. Kaye, 1988 CanLII 5290 (SK QB):
In order to overlook this error in law and dismiss the appeal under s. 613(1) (b)(iii) the appeal court must conclude that the trial judge would have reached the same result and convicted the accused if the error above described had not been made. The Crown bears the onus of demonstrating that the verdict would necessarily have been the same if the error had not occurred. See Colpitts v. The Queen, 1965 CanLII 2 (SCC), [1966] 1 C.C.C. 146.
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