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The court held that the certified extradition record was sufficiently reliable to support a prima facie case of fraud and ordered Terrance Shawn Phillips committed.
The appeals are dismissed because the charge as a whole fairly instructed the jury on burden, reasonable doubt, distinctions between direct and circumstantial evidence, aiding and abetting and the limited use of after-the-fact conduct; any single imprecise remark in the charge was harmless, and the jury’s verdicts were reasonable and supported by cumulative circumstantial evidence linking Eric to the shooting and by inferences about Andrew’s conduct and statements.
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The Supreme Court of British Columbia refused extradition committal for James Ellingson, finding the certified record too sparse to support an inference linking him to Silk Road drug sales.
The court admitted limited evidence of an alleged 2017 robbery as discreditable conduct, finding it relevant to identity, motive, credibility, and narrative.
The court admitted Dr. Evans’ expert evidence on drill and rap music, but only within narrow limits and without allowing him to interpret the actual lyrics or jail calls.
The defendant was liable for defamation for the Facebook posts in November 2016 because those posts clearly identified the plaintiff, made false factual assertions (no pillowcase was placed over the patient's face; a towel draped a few inches from the face was used), the defendant failed to establish justification on the balance of probabilities, and the fair comment defence failed because it was based on untrue or distorted facts; general damages of $60,000 were awarded and no loss of income damages were granted.
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The court convicted because (1) verified expert friction-ridge analysis identified the unknown left-hand prints and a palm on the exterior window as deposited by Gregg Mitchell Keeney; (2) surveillance video fixed the timing and shows the prints being applied while the window was being forced open in immediate temporal connection with the entry; and (3) circumstantial evidence (conduct at scene, handling and transfer of items, knowledge from prior employment, coordinated actions of three individuals) eliminated reasonable innocent inferences so that guilt as a party to break and enter, theft…
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On the whole of the evidence the Court was satisfied beyond a reasonable doubt that Adam Drake was the shooter and that the killing of Tyler Keizer was planned and deliberate; independent and material confirmatory evidence (video timelines, phone/Telus records, corroborating witness and documentary evidence) restored confidence in the key identification evidence of the disreputable witness (Harrington) and supported a conviction for first degree murder.
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Summary conviction appeal from a sexual assault conviction dismissed. The court held the trial judge reasonably assessed identification, circumstantial evidence, and witness credibility.
The Crown did not prove beyond a reasonable doubt that Fidgen was the perpetrator because identification evidence was unreliable and inconsistent (varying descriptions of clothing and facial hair), police procedures were flawed and suggestive (no photo lineup, possible single-photograph exposure), timing and directional discrepancies undermined the link between the photographed person and the reported suspect, and in-dock identification standing alone was insufficient; therefore the reasonable doubt standard was not met.
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