Université de Montréal - Thèse sous forme numérique

248The Crown must also prove that the powers were used in a way that met thestandard of what is reasonably necessary in light of the totality of thecircumstances.prove 1[1] It must be made crystal clear to the jury that the burden never shifts from theCrown to prove every element of the offence beyond a reasonable doubt.It must be made crystal clear to the jury that the burden never shifts from theCrown to establish every element of the offence beyond a reasonable doubt.[2] The third element of the tort requires a plaintiff to prove an absence ofreasonable and probable cause for initiating the prosecution.The third element of the tort requires a plaintiff to establish an absence ofreasonable and probable cause for initiating the prosecution.[3] I agree with the appellant that for s. 231(5) to raise murder from second degreeto first degree the Crown must prove that the killing occurred as part of acontinuing series of events constituting a single transaction that establishes notonly the killing but also the distinct offence of unlawful confinement.I agree with the appellant that for s. 231(5) to raise murder from second degree tofirst degree the Crown must establish that the killing occurred as part of acontinuing series of events constituting a single transaction that establishes notonly the killing but also the distinct offence of unlawful confinement.For all these reasons, the terms establish 2 and prove 1 can be considered synonyms.5.2.2.2. Frames grouping together near-synonymsFrames can also group together near-synonym terms. For instance, the [Remedy] frameillustrated in Table 24 groups together the English terms amend 1 , remedy 1 and resolve 1 . Wecan observe that these terms evoke the same scenario in which somebody with the power orauthority provides the means by which the wrong is prevented or redressed. Thus,conceptually the terms amend 1 , remedy 1 and resolve 1 require two core FEs: a REMEDYPROVIDER who redresses the wrong and a REMEDY REQUIRING with which a negativesemantic prosody is often associated. Each of the terms also profiles the two core FEs, i.e.