Canada Case Law

Further Detention of Things Seized (Re)

Court

Supreme Court of British Columbia

The court held that the seized items are reasonably required for ongoing forensic DNA testing and that, on balance, continued detention for six months until May 14, 2026 is in the interests of justice despite the lapse of the prior order; factors driving the decision were the investigation's complexity, reliance on extended forensic analysis, transfer of file to another police service, minimal privacy interests in the items, and consent/mitigation regarding scheduling and counsel conduct.

Source excerpt

• Detention of seized property
• Section 490(9.1) criminal code
• Interests of justice balancing
• Sealing orders
• Police conduct and delay

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R. v. Carter

Court

Supreme Court of British Columbia

The trial judge exercised discretion to admit the experts' written reports, diagrams and summaries as exhibits because they were demonstrative, necessary for the jury to follow and assess the experts' analytic processes and cross-examination, were relevant and material, and their probative value outweighed any prejudicial effect with judicial directions mitigating risks.

Source excerpt

• Admissibility of expert reports
• Demonstrative evidence
• Expert opinion evidence
• Jury directions
• Publication bans

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R. v. Rees

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario quashed Timothy Rees’s conviction after finding the undisclosed Raymer tape caused a miscarriage of justice, but ordered a new trial.

• Disclosure
• Miscarriage of justice
• Confession voluntariness
• Fresh evidence
• Remedy (acquittal/stay/new trial)
• Ministerial referral

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R v Markos

Court

Nova Scotia Provincial Court

Although tracking and DNA/Y-STR evidence established the accused’s presence and contact with the complainant or scene, the complainant’s alcohol-impaired and reconstructed memory was unreliable and the DNA evidence was consistent with plausible innocent secondary-transfer explanations; the circumstantial evidence did not exclude other reasonable hypotheses and therefore did not prove the accused’s guilt beyond a reasonable doubt, mandating acquittal.

Source excerpt

• Circumstantial evidence
• Dna and y-str analysis
• Consent and intoxication
• Voluntariness voir dire
• Publication ban

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R. v. Sandhu

Court

Supreme Court of British Columbia

The court acquitted Dilpreet Singh Sandhu of impaired and dangerous driving charges after finding the Crown failed to prove he was the driver beyond a reasonable doubt.

• Identity of driver
• Impaired driving
• Dangerous driving causing death and bodily harm
• Witness credibility and reliability
• Dna evidence
• Admissions and statements

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R. v. F.Y.B.

Court

Supreme Court of British Columbia

The court admitted Crown expert evidence that two pieces of tape were once one continuous object, finding the tape-comparison evidence relevant, necessary, and reliable.

• Admissibility of expert evidence
• Mohan threshold test
• Ace-v methodology
• Tape comparison
• Voir dire
• Gatekeeping balancing test

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R. v. McCook

Court

Supreme Court of British Columbia

The court admitted trajectory rod and string evidence as factual, illustrative observation, not expert opinion, in a homicide pre-trial admissibility ruling.

• Admissibility of evidence
• Expert evidence
• Trajectory analysis
• Lay observation vs expert opinion
• Admissibility-of-evidence
• Expert-evidence

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R. v. M.L.M.

Court

Supreme Court of British Columbia

The Supreme Court of British Columbia acquitted M.L.M. of sexual assault, finding reasonable doubt on consent and witness reliability after assessing conflicting testimony and video evidence.

• Consent
• Actus reus
• Mens rea (recklessness/wilful blindness)
• Credibility and reliability
• Video evidence
• Intoxication and drugging

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A.B. v. Henry

Court

Supreme Court of British Columbia

The court found Ivan Henry liable on a balance of probabilities for sexually assaulting five plaintiffs, relying on identification evidence and corroboration.

• Identification evidence
• Voice identification
• Similar fact evidence
• Abuse of process
• Admissibility of out of court statements
• Damages assessment

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R. v. Dick

Court

Supreme Court of British Columbia

The court allowed limited expert evidence from a forensic nurse on mechanism and recency of injuries, with strict limits on terminology, scope, and prejudice.

• Expert evidence admissibility
• Mohan threshold
• Gatekeeping function
• Publication ban under s.486.4 criminal code
• Limits on expert language
• Expert-evidence-admissibility

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