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The court held that S/Sgt. Bernier was qualified to give expert opinion on a BlackBerry BES timestamp issue and the reliability of RCMP RDX reports.
The court refused the Crown’s Vukelich application, allowing the accused to call evidence on whether police information-sharing with other agencies breached s. 8 of the Charter.
The court declined to hold an evidentiary hearing on a lost-email Charter claim, finding the Email was not material to the narrowed ITO/Garofoli issues.
The court admitted Mr. McDonald’s Mr. Big, post-arrest, and lockup statements, finding no coercion, functional detention, or basis to exclude them.
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