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Criminal law — Appeals — Charge to jury
Criminal law — Participation in activities of criminal organization — Elements of offence

(0:00:09) Reasons for Judgment: Rowe J. (Wagner C.J. and Karakatsanis, Martin, Kasirer, Jamal and O’Bonsawin JJ. concurring)
(0:00:18) Preamble
(0:04:28) I. Trial – 7
(0:13:22) II. Court of Appeal for Ontario, 2021 ONCA 82, 399 C.C.C. (3d) 397 – 22
(0:17:44) III. Issue – 27
(0:17:58) IV. Analysis – 28
(0:19:19) A. Legal Framework for Appellate Review of Jury Instructions – 30
(0:19:23) (1) The Role of Appellate Courts in Reviewing Jury Instructions – 30
(0:22:36) (2) A Functional Approach to Appellate Review of Jury Instructions – 34
(0:25:26) (a) Whether the Jury Was Accurately Instructed – 38
(0:27:59) (b) Whether the Jury Was Sufficiently Instructed – 44
(0:28:54) (i) Whether an Instruction Was Required – 47
(0:30:30) (ii) Whether the Instruction Was Given With Sufficient Detail – 50
(0:34:00) (c) Consideration of the Charge in Light of the Circumstances of the Trial – 57
(0:35:36) (i) Evidence – 60
(0:37:19) (ii) Closing Arguments of Counsel – 63
(0:39:26) (iii) Silence of Counsel – 66
(0:43:22) (iv) Sentencing Submissions and Reasons – 71
(0:43:44) (3) Summary – 72
(0:45:06) B. Definition of a Criminal Organization – 73
(0:46:22) (1) Distinguishing Qualities of a Criminal Organization – 76
(0:51:04) (2) Improper Reasoning – 84
(0:53:41) C. Application to the Circumstances of This Case – 87
(0:59:46) V. Conclusion – 97

(0:59:58) Dissenting Reasons: Côté J.
(1:00:03) I. Introduction – 98
(1:01:29) II. Legal Principles – 101
(1:01:53) A. Functional Approach to Appellate Review of Jury Instructions – 102
(1:08:44) B. Definition of a Criminal Organization – 114
(1:14:41) III. Application – 123
(1:31:31) IV. Disposition – 150