The applicant, charged with first-degree murder, sought to exclude evidence of his criminal record (including sexual assault and assault causing bodily harm) and to redact references to these convictions from an expert's forensic psychiatry report.
The court denied the application, finding that while the convictions were prejudicial, they formed a vital basis for the expert's opinion, particularly regarding potential antisocial conduct disorder or sexual paraphilia.
The court emphasized that the jury must have access to the full foundation of expert evidence to assess its weight, even considering Gladue principles for Indigenous accused.
