R. v. Sarvaria, [1989] 2 S.C.R. 1118

Vivek Sarvaria Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Sarvaria

File No.: 20836.

1989: December 1.

Present: Lamer, Wilson, Sopinka, Gonthier and Cory JJ.

on appeal from the supreme court of nova scotia, appeal division

Criminal law ‑‑ Charge to jury ‑‑ Burden of proof ‑‑ Possession of narcotics for the purpose of trafficking and trafficking in narcotics ‑‑ Whether trial judge misdirected jury as to burden of proof.

APPEAL from a judgment of the Nova Scotia Supreme Court, Appeal Division (1988), 1988 9545 (NS CA), 83 N.S.R. (2d) 225, 210 A.P.R. 225, dismissing the accused's appeal from his conviction on charges of possession of narcotics for the purpose of trafficking and trafficking in narcotics. Appeal dismissed.

Graig Garson, for the appellant.

S. R. Fainstein, Q.C., and David Meadows, for the respondent.

The judgment of the Court was delivered orally by

Lamer J. ‑‑ We need not hear from you Mr. Fainstein. Justice Cory will read the judgment for the Court.

Cory J. ‑‑ This is an appeal as of right. We find no error in the reasons and conclusions of the majority of the Court of Appeal of Nova Scotia.

The choice of wording by the trial judge in some of his references to the requirement that the Crown prove its case beyond a reasonable doubt and to the issue of the credibility of the witnesses for the defence was less than ideal. Nonetheless, when the charge is looked at as a whole, it becomes clear that the jury was adequately and properly instructed on numerous occasions on both these issues and could not have been misled.

In the result, the appeal is dismissed.

Judgment accordingly.

Solicitors for the appellant: Scaravelli & Garson, Halifax.

Solicitor for the respondent: John C. Tait, Ottawa.