Entry of Convictions on Appeals from Acquittal

Canada is somewhat unusual in the Common Law world in that our appeal courts can enter a conviction following an appeal from an acquittal. R.  v. Labadie,  2011 ONCA 227 discussed the authority so to do:

[61]         Section 686(4)(b)(ii) authorizes a court of appeal in indictable appeals, thus a summary conviction  appeal court, to enter "a verdict of guilty" on an appeal from acquittal.  The court is entitled to enter a finding of guilty of the offence of which the court concludes the respondent should have been found guilty, but for the error of law committed by the trial judge.  The sub-paragraph requires that there be a nexus between the error of law and the verdict of acquittal.  There must be a reasonable degree of certainty that the verdict would have been different without the error, and that the verdict would have been a finding of guilt:  R. v. Audet, [1996] 2 S.C.R. 171, at para. 32.  Apart from the error, all the findings of fact necessary to support a finding of guilt must have been made, explicitly or by necessary implication, or not be in dispute: R. v. Cassidy, [1989] 2 S.C.R. 345, at pp. 354-355; Audet at para. 31.