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The court held that pre-severance admissibility rulings remained binding under s. 591(4.2), and admitted most challenged evidence, with limited exclusions on arrest details.
The court applied a four-part test—relevance to issues (child's best interests and alleged coercive/controlling behaviour), participant identification, trustworthiness (no manipulation and consistent context), and that probative value outweighs prejudicial effect—and held that eight of twelve audio recordings met those requirements and were admissible while the transcripts were not admitted because they were not accurate verbatim transcriptions and therefore not trustworthy.
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The Court held the trial judge did not err in admitting the phone recordings as party admissions because the captured utterances were intelligible, contextually linked to the allegations, and capable of being properly contextualized by other evidence; the probative value exceeded any prejudicial effect; and the trial judge’s instructions sufficiently cautioned the jury about incompleteness and use of the recordings, warranting deference and dismissal of the conviction appeal.
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The Court (majority) dismissed the Crown appeal because the trial judge did not commit an error of law in excluding the USB images—the probative value did not clearly outweigh prejudicial effect and her discrete factual inferences were reasonable and entitled to deference—and her finding that the relationship with J.R. was not exploitative was supported by the evidence and not a legal misapprehension; the Crown did not show the alleged errors could have materially affected the acquittals.
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The court ruled on similar fact evidence in a judge-alone sexual offence case, admitting some prior and count-to-count evidence while excluding other allegations.
Apply Leaney/Graat framework to vehicle identification: admit lay recognition evidence only if witness has prior acquaintance/superior position and the probative value outweighs prejudicial effect. Here, Keizerwaard's opinion on garage photos (#6-10) is admissible because image quality and articulated comparison provide high certainty and probative value outweighs prejudice; his opinion on outdoor night photos (#1-5) is inadmissible because poor image quality, police suggestion/tainting, and the witness's low certainty render probative value insufficient to overcome prejudicial risks.
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The court ruled on admissibility of the accused’s statements and related text messages in a judge-alone murder trial, admitting some statements and excluding others.
The trial judge did not err in admitting the Mr. Big confessions: on balance the inculpatory statements carried sufficient probative value supported by corroborative circumstantial evidence to outweigh the prejudicial effect, the undercover officers' conduct did not amount to an abuse of process sufficient to exclude the evidence, and the prior cocaine‑dealing statements were admissible because their probative value on credibility and context outweighed their prejudicial effect.
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The court partly granted a Crown voir dire application, admitting selected statements and texts as party admissions or for limited narrative purposes, while excluding the rest as more prejudicial than probative.
Appeal from a second degree murder conviction dismissed. The Court upheld admission of relationship evidence and found no reversible misapprehension of corroborative evidence.
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