Is a trial judge required to warn the jury of the fallibility of eyewitness identification?

33 One does not need to look far to find the seeds of such a rule. In Regina v. Spatola, supra, the issue was whether the trial judge's failure to warn the jury of the inherent frailty of eyewitness identification evidence amounted to non-direction, given failure of one of two witnesses to make an identification of the appellant. Writing for the majority, Laskin, J.A. noted at p. 248 of the report: Without taking a position on whether in all cases where a conviction rests on identification evidence the trial Judge must direct the jury to view it with caution or warn them of its fallibility, I think it mandatory to give an instruction of this character where identification evidence is offset either by evidence of a contrary nature or by evidence of a failure or inability of another witness equally in a position to see the alleged offender, to make an identification. (emphasis added)