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The court admitted Staff Sergeant Bernier’s expert and factual evidence on BlackBerry analysis and RDX reports, and allowed his PowerPoint exhibits at trial.
On the totality of admissible direct and circumstantial evidence—internal pharmacy surveillance, exterior Hong's surveillance, GPS route for accused's work truck adjusted for daylight savings, distinctive match of clothing and unique scuff/dirt pattern on accused's shoes, temporal phone call pattern and post-contact deleted searches—the only reasonable and rational inference is that John Auld was the perpetrator; Crown therefore proved identity and all elements of robbery (s.344) and disguise with intent (s.351(2)) beyond a reasonable doubt.
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The court refused to let defence counsel ask witnesses to power up seized BlackBerrys in open court, citing risks of data alteration and an ongoing investigation.
The court convicted B.T. on six criminal counts involving sexual offences against a child and child pornography, relying on the complainant’s evidence and digital forensic proof.
The gestures were admissible as assertions by conduct under the dying declaration and spontaneous utterance exceptions and, alternatively, met the principled hearsay requirements given corroborative evidence; the 2012 re-analysis of previously imaged BlackBerry BIN files using updated software was a lawful second analysis, not a new s.8 search, and did not breach Charter rights; any potential error would be cured by the proviso because the remaining evidence was overwhelming; therefore the appeals are dismissed and convictions affirmed.
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