Tuesday, May 14, 2013

Air of reality test

R. v. Buzizi 2013 SCC 27:

[16]  ... As the Court held in Cinous, "the air of reality test [is not] intended to assess whether the defence is likely, unlikely, somewhat likely, or very likely to succeed at the end of the day" (R. v. Cinous, 2002 SCC 29, [2002] 2 S.C.R. 3, at para. 54).  Rather, the relevant question is whether the record contains a sufficient factual foundation for a properly instructed jury to give effect to the defence.


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