Appeal from jury conviction in relation to various drug charges. Issue regarding the adequacy of the jury charge. Although both counsel provided the judge with their theory of the case, neither theory was included in the jury charge.

Held: Appeal allowed. Acquitted.

“The adequacy of a jury charge is to be assessed with reference to the whole of the charge … However, identifying the position of the Crown and the defence remains a basic tenant. We agree with counsel that the charge was confusing and we are unable to find a reference to the position of the defence or the Crown.” Acquittal entered given the amount of time already spent in custody, and the realistic viability of various Charter defence that had also been dismissed by the trial judge.

A. Serink – Defence Counsel