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The Court of Appeal allowed the Crown’s appeal, set aside an acquittal, and ordered a new trial after finding the warrant review judge missed reasonable inferences from the ITO.
The appeal was dismissed because the trial judge did not err in exercising discretion to refuse to qualify the proposed expert: the mid-trial request lacked the formal application and supporting materials required for release of an exhibit, and the proposed expert failed to demonstrate the requisite qualifications to support the admissibility of any Google location data that might have been recovered.
Source excerpt
The court upheld the seizure, detention, and search warrants for two cell phones after a targeted shooting, and dismissed the certiorari application.
Voir dire on admissibility of drug-trafficking background, threats, post-offence conduct, and incomplete digital messages in a first-degree murder case.
The court granted only a six-month extension to detain seized cash, finding the investigation complex but criticizing unexplained delays in device-data analysis.
The court allowed an expert to use a PowerPoint summary of Facebook records, but excluded his geolocation research and an IP-data report from deleted video screenshots.
The court granted the Crown partial leave to use demonstrative aids in opening, allowing a revised alias summary, witness list, and a trimmed PowerPoint.
The court granted in part pre-trial editing of PGP messages, redacting passages found to be inadmissible hearsay or extrinsic misconduct while retaining some identity evidence.
The court found a search warrant invalid under s. 8 because the ITO omitted material facts and did not establish reasonable grounds to search the residence.
Voir dire on digital text messages and phone-call evidence in a sexual assault case. The court held the screenshots were authenticated and the texts were admissible as res gestae.
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