Can an appeal court consider the failure of an accused to testify? Yes

Can an appeal court consider the failure of an accused to testify in deciding whether an appeal is well grounded? Yes, although this seems to sit strangely with a right not to testify: Corbett v The Queen [1975] 2 SCR 275; Avon v The Queen [1971] SCR 650  This rule was upheld, albeit in passing, in R. v. Tracey, 2010 ONCA 297, released online this morning, where the Court held:

 

"On the record, the evidence of guilt was overwhelming and cried out for an explanation. On appeal, we are entitled to take into account the fact that the appellant did not testify."