No special jury instruction should be warranted by the fact that evidence had been found by police dogs.

Watt’s Criminal Law and Evidence Newsletter

The Honourable Mr. Justice David Watt

R. v. Robinson, 2016 BCCA 192, 2016 CarswellBC 1264 (B.C. C.A.)

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[CL 7] — Reviewing Jury Instructions

Appellate assessment of jury instructions should fairly have regard to the live issues in the case and whether the instructions succeed functionally in adequately assisting the jury in resolving the issues they are required to decide: R. v. Robinson (April 29, 2016), Doc. CA 42765, 2016 CarswellBC 1264 (B.C. C.A.)

See, Tremeear’s Annotated Criminal Code, Criminal Code, s. 686, “Jury Instructions: General Principles on Review”.

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[CL 10] — Specific Instructions on Dog-tracking Evidence?

The law does not require a specific form of instruction warning against the danger of convicting on dog-tracking evidence, either on its own or together with other evidence, or requiring that such evidence be corroborated: R. v. Robinson (April 29, 2016), Doc. CA 42765, 2016 CarswellBC 1264 (B.C. C.A.)

See, Watt’s Manual of Criminal Evidence, §29.01, “Jury Instructions: Factors Affecting Weight of Expert Testimony”, §29.08, “General Principles”.