Andrew Edgar

The accused, charged with sexual assault and sexual interference, brought an application during trial requesting the court to call a witness that the Crown had decided not to call.

The defence argued this was necessary for the discovery of truth, relying on the Supreme Court's decision in Finta.

The court dismissed the application, finding that unlike in Finta, it was not necessary for the court to call the witness because the defence was perfectly capable of doing so and could utilize the Canada Evidence Act if the witness resiled from her prior police statement.

The Crown applied for a ruling on a voir dire that the accused's formal statement to the police was voluntary and admissible at trial.

The defence argued that the Crown failed to meet its burden because it did not call every police officer who had contact with the accused at the police station.

The court found that there is no rule requiring the Crown to call every officer, and based on the evidence presented, the statement was given freely and voluntarily.

The statement was ruled admissible.