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The Supreme Court of Canada held that Crown counsel’s improper personal anecdote in closing submissions did not make the trial unfair, so the appeal was dismissed.
Appeal dismissed. The trial judge’s remarks about memory were common‑sense observations about memory fallibility and not impermissible judicial notice of memory science; there was no palpable and overriding error or demonstrable uneven scrutiny in the assessment of Crown and defence evidence; demeanour and evidence of the accused’s abusive communications were properly considered for credibility; and the interventions challenged did not create a reasonable apprehension of bias.
Source excerpt
The court allowed limited reply evidence from Dr. Ancill on some topics not in his report, but confined traumatic brain injury evidence to the report and managed fairness with reply rights.
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