The accused brought a pre‑trial application seeking exclusion of evidence relating to firing‑pin indentations on three cartridges recovered from the scene of an alleged robbery and attempted murder.
Police had test‑fired two of the cartridges during the investigation, which obliterated the original firing‑pin impressions and prevented later forensic comparison with a handgun recovered a year later.
The accused argued that the loss of the original impressions constituted unacceptable negligence and breached their right to make full answer and defence under s. 7 of the Charter, warranting exclusion of the evidence.
The court found that the police conduct amounted to unacceptable negligence and therefore constituted a breach of s. 7.
However, the court held that exclusion of the evidence was not an appropriate remedy because the potential prejudice was speculative and could be addressed through cross‑examination and a jury instruction regarding the Crown’s failure to preserve evidence.