Evidence on voir dire generally not proper for use in determining overall dispute

R. v. J.H., 2011 ONCA 207, released today online, makes clear that it is improper to use voir dire evidence in reasons for judgment:

[6] In our view, the third ground raised on the conviction appeal is dispositive. We agree with the appellant that the trial judge ought not to have referred to the voir dire evidence in his reasons for judgment. Although the trial judge said that his use of the evidence would be narrowly circumscribed and would be for the limited purpose of helping him understand the victim’s demeanour in light of his intellectual disability, this use was improper.