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--- qc:r._c._bellerive_2004_canlii_72984_qc_ca [2026/09/23 17:55] – [HEARING MINUTES] victorzhou
+++ qc:r._c._bellerive_2004_canlii_72984_qc_ca [2026/09/23 17:55] (current) – victorzhou
@@ Line 69: / Line 69: @@
 <blockquote>
-[TRANSLATION]] //First, it must be recalled that we are not dealing with jury instructions but rather with a verdict pronounced by judge alone whose experience and knowledge of what constitutes reasonable doubt are not called into question in this case. In this context, care must be taken to not solely and absolutely rely on the ordering suggested by the Supreme Court in the decision above [i.e. W(D)]. Rather, it is presumed that the first judge considered the judgments of the superior courts in their evaluation of the evidence and the credibility of the witnesses, even when they do not explain their reasons in a formal way or in an established order. It is only when it is manifestly obvious that the conclusions that the trial judge first drew from their evaluation of the credibility of the Crown's evidence prevents them from effectively and objectively appreciating reasonable doubts that the defence's evidence nevertheless raises... that there is room for this Court of intervene against the conclusions of the first master of the evaluation of the evidence.//
+[TRANSLATION] //First, it must be recalled that we are not dealing with jury instructions but rather with a verdict pronounced by judge alone whose experience and knowledge of what constitutes reasonable doubt are not called into question in this case. In this context, care must be taken to not solely and absolutely rely on the ordering suggested by the Supreme Court in the decision above [i.e. W(D)]. Rather, it is presumed that the first judge considered the judgments of the superior courts in their evaluation of the evidence and the credibility of the witnesses, even when they do not explain their reasons in a formal way or in an established order. It is only when it is manifestly obvious that the conclusions that the trial judge first drew from their evaluation of the credibility of the Crown's evidence prevents them from effectively and objectively appreciating reasonable doubts that the defence's evidence nevertheless raises... that there is room for this Court of intervene against the conclusions of the first master of the evaluation of the evidence.//
 </blockquote>