What is the test for discharging a jury that the material witness in the case was not sufficiently acquainted with the oath?
Saskatchewan, Canada
The following excerpt is from [1] Rex v. Bordenink, 1919 CanLII 184 (SK CA):
In Rex v. Wade (1825) 1 Moody C.C. 86, the facts were almost identical with those of the case before us, and it was there held that it was not a sufficient ground for discharging a jury that the material witness against the prisoner was not sufficiently acquainted with the nature and obligation of an oath to be sworn, although this appeared as soon as the jury was charged and before any evidence was given. The Judges in that case thought that the prisoner should have been acquitted, and an application for pardon was therefore recommended.
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