The Significance of Trial Counsel’s Failure to Object to Errors/Deficiencies in the Jury Charge
In all but the rarest of cases, a trial judge has a duty to review with the jurors the issues to be resolved and the evidence they may consider in resolving those issues. This process is known as the jury charge or jury instruction. “The task of the trial judge is to explain the critical evidence and the law and relate them to the essential issues in plain, understandable language.” R. v. Jack (1993), 88 Man. R. (2d) 93 (C.A.), at p. 102; aff’d 1994 CanLII 87 (SCC) A formidable task, certainly, and, as one might expect, a task where errors may occur. But the errors of the trial judge are not the only point of focus on an appeal. Sometimes trial counsel’s failure to object to errors or deficiencies within a proposed jury charge has implications on appeal. Where there is a Significant Divergence between the Accused’s Position on an Issue at Trial and his/her position on Appeal Arguments by appellate counsel that fly in the face o...