Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Canada decisions
Decisions matching the current search
The Court of Appeal upheld convictions for break and enter and arson, holding the trial judge properly assessed police recognition evidence and video identification.
Applying identification law (Downey and related authorities) the judge accepted the recognition evidence of Anthony Cooper and Meaghan Morris as sufficiently credible and reliable on the facts (familiarity, opportunity to observe, corroborating sequence and photographs), and concluded the Crown proved beyond a reasonable doubt that T.J. Brown assaulted Cooper and stole firearms and cannabis; conviction follows.
Source excerpt
Pre-trial voir dire on recognition evidence in a first-degree murder case. The court held Howard Kwan’s identification evidence admissible, leaving reliability and weight to trial.
The court admitted recognition evidence from Inspector Meerveld, finding his repeated interviews with the accused gave him a better basis than the trier of fact to identify the person in photographs.
The Supreme Court of Canada dismissed Murtaza’s appeal, upholding his convictions on the basis that the identification evidence was sufficient and admissible.
The trial judge did not err in accepting the identification: he explicitly considered the concerns about the key witness, relied on additional witness accounts, surveillance video showing a person bearing a striking similarity to the appellant, and compelling circumstantial evidence (appellant and firearm found in the apartment); therefore appellate deference to the trial judge's credibility and weight assessments requires dismissal of the appeal.
Source excerpt
The court held that Sean Murphy’s handwritten notes on photocopied photographs were admissible as past recollection recorded under the Wigmore criteria.
Appeal from an assault conviction dismissed. The court upheld admission of bus surveillance video, found the identification evidence reliable, and held the reasons were sufficient.
Appeal from convictions for first degree murder and discharging a firearm with intent was dismissed. The court addressed recognition evidence, hearsay, and Vetrovec warning issues.
The court granted a directed verdict of acquittal because the Crown’s only identification evidence was unreliable dock identifications by virtual strangers.
Explore more
