R. v. Russell, [2000] 2 S.C.R. 731, 2000 SCC 55, 2000 SCC 55 (2000)

R. v. Russell, [2000] 2 S.C.R. 731

Mark Edward Russell Appellant v.

Her Majesty The Queen Respondent

Indexed as: R. v. Russell

Neutral citation: 2000 SCC 55.

File No.: 26699.

1999: November 5; 2000: November 10.

Present: Iacobucci, Major, Bastarache, Binnie and Arbour JJ.

on appeal from the court of appeal for alberta

Criminal law -- Charge to jury -- Reasonable doubt -- Accused convicted of second degree murder -- Whether pre-Lifchus charge on reasonable doubt in substantial compliance with principles set out in Lifchus.

The accused was convicted of second degree murder. He appealed the conviction on several grounds and, in particular, argued that the use of certain words and phrases in the trial judge's charge on "reasonable doubt" may have misled the jury on its ability to understand and apply the criminal standard of proof. The majority of the Court of Appeal held that the trial judge, who did not have the benefit of this Court's decision in Lifchus, had not misled the jury. The majority emphasized that Lifchus did not demand that any specific wording be used in the charge and concluded that the jury had not been left with a reasonable misapprehension about the correct standard of proof. The Court of Appeal unanimously dismissed the other grounds of appeal. The sole issue raised in this appeal as of right was whether th...

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