A preliminary inquiry into a robbery charge where the sole issue was identification.
The Crown sought to rely on surveillance video from the robbery, a dated mug shot, and Facebook photos to establish identification of the defendant.
The court applied the test from R. v. Nikolovski and found that the identification evidence was insufficient.
The surveillance video was of poor quality with only generic facial features visible, and the Facebook photos lacked proper foundation and evidentiary connection to the defendant.
The court discharged the defendant, finding that no reasonable jury properly instructed could convict on the identification evidence presented.
