Legal Word of the Day: “Curative proviso”

REF-Arrest

Curative proviso — In an appeal, the appeal may be dismissed by the court, despite the presence of a legal error at trial, if it is found that the error is “harmless” — not causing a substantial miscarriage of justice.

The ability is codified in s. 686(b)(iii) of the Criminal Code of Canada.

Related Cases:

R. v. Ozurus, 2005 CanLII 14440 (ON SC)

R. v. Sipos, 2012 ONCA 751 (CanLII)

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