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Ontario Court of Appeal upheld convictions for human trafficking, threats, assault and drug trafficking, rejecting evidentiary, fairness and Browne v. Dunn arguments.
The Court allowed the Crown's appeal because the trial judge misapplied the necessity and gatekeeping principles for expert evidence (Mohan/White Burgess) by excluding Professor Mulé's evidence explaining how the flyer employed established anti-gay tropes; that legal error rendered the evidentiary record incomplete and could have materially affected the acquittal, thereby requiring a new trial.
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