Canada Case Law

R. v. Drake

Court

Supreme Court of Nova Scotia

The judge qualified Lynne Fox as a forensic video analyst based on systematic training and experience and admitted the 22‑second Amped FIVE enhanced clip as substantially accurate; on balancing under Mohan the probative value for identification outweighed any prejudicial risk, subject to a limiting mid‑trial jury instruction and availability of the original footage for comparison.

Source excerpt

• Admissibility of expert evidence
• Expert qualifications
• Forensic video enhancement
• Substantial accuracy of altered video
• Mohan gatekeeping balancing
• Jury limiting instructions

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R. v. Alkhalil

Court

Supreme Court of British Columbia

The court ruled on the admissibility of proposed vehicle comparison videos, admitting the Avalon videos and part of the MPV video while excluding the MPV alley parking segment.

• Admissibility
• Prejudicial versus probative value
• Re-enactment/experiment evidence
• Cctv comparison
• Expert evidence threshold
• Probative-vs-prejudicial-value

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HMTQ v. Cooper

Court

Supreme Court of British Columbia

The court found the accused guilty of robbery, holding that surveillance video, still images, and recognition evidence together proved identity beyond a reasonable doubt.

• Robbery
• Identification evidence
• Recognition evidence
• Expert evidence
• Admissibility
• Video enhancement

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