David Robinson

The accused, charged with sexual offences against his daughter, brought an application seeking a declaration that a surreptitiously recorded phone call between himself and the complainant was not a 'record' under s. 278.1 of the Criminal Code.

The accused argued the recording did not contain personal information as it related to family law proceedings.

The court dismissed the application, finding that the complainant had a reasonable expectation of privacy in the communication, which touched on her emotional well-being and dignity.

The court ordered that a hearing under s. 278.93 must be held to determine the admissibility of the recording.

The accused was charged with possession of a firearm and ammunition after police executed a search warrant and found the contraband hidden in a basement where the accused was staying.

At the close of the Crown's case, the defence brought a motion for a directed verdict.

The court found that while there was circumstantial evidence the accused had control of the basement, there was no evidence he had knowledge of the hidden firearm and ammunition.

The motion for a directed verdict was granted and the accused was acquitted of all charges.