Make Trials Less Complex: Don't Pursue Two Counts Where One will Do
Where an accused is charged with multiple counts and it is clear that one of the counts will be stayed in the event of a conviction of both, the Crown should consider, either before trial or before the jury is charged, whether to pursue both counts. R. v. R.V ., 2019 ONCA 664, at para. 147 ( obiter ). The trial judge should canvass this issue with counsel during both the pre-trial and pre-charge conferences. While, ultimately, it is up to the Crown to decide whether a charge in the indictment should go to the jury for a verdict, Crown should be mindful of the Court of Ontario’s repeated prescription that all trials, whether judge-alone or judge and jury, should be made less complicated, not more complicated. Proceeding with duplicative counts complicates and prolongs the trial and is a recipe for jury confusion and inconsistent verdicts. See R. v. R.V ., 2019 ONCA 664, at paras. 146, 147 ( obiter ). Unfortunately, proceeding with duplicative counts is not u...