Trial counsel’s approval of the jury charge, and to a lesser extent his or her failure to object, will be a significant consideration on appeal

R. v. P.G., 2013 ONCA 520 holds:

[25]       I add that while not dispositive, the errors now alleged about the instructions concerning the burden of proof are that the instructions were legally inadequate.  According to Doherty J.A. in R. v. Austin (2006), 214 C.C.C. (3d) 38 (Ont. C.A.) at para. 14, in such circumstances trial counsel’s approval of the jury charge, and to a lesser extent his or her failure to object, will be a significant consideration on appeal. (See also: R. v. Carrière (2001), 159 C.C.C. (3d) 51 at para. 59 (Ont. C.A.), and R. v. Johnson (2002), 166 C.C.C. (3d) 44 at para. 57 (Ont. C.A.).)