R. v. Berg, 2026 SCC 21: The Supreme Court Reins In Misuse of J.J.R.D. in W.(D.) Analyses
In R. v. Berg, 2026 SCC 21, the Supreme Court unanimously held that trial judges should not rely on R. v. J.J.R.D. when structuring W.(D.) analyses or directing juries. The Court confirmed that a conviction cannot rest on a “considered and reasoned acceptance” of a complainant’s testimony alone — proof beyond a reasonable doubt always demands more. A must-read for defence counsel in any credibility-driven trial.
