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The court excluded a 9-1-1 recording, allowed a support person and closed-circuit testimony for the complainant, admitted surveillance video, and admitted the accused’s statement.
Extensive jury vetting by police at the Crown's behest using police-only databases and annotated materials, combined with the Crown's failure to disclose that material to the defence and the use of that material in exercising peremptory challenges, disrupted the statutory balance of jury selection and created the appearance of unfairness amounting to a miscarriage of justice; conviction is set aside and a new trial ordered.
Source excerpt
The court dismissed a pre-trial Charter challenge to British Columbia’s jury selection process and a challenge to the array, finding no proven systemic exclusion of Aboriginal jurors.
British Columbia Court of Appeal upheld Gurmit Singh Dhillon’s first-degree murder conviction, rejecting delay, jury selection, DNA warrant, and charge errors.
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