In a prosecution for first-degree murder and attempted murder, the accused brought pre-trial motions challenging the search warrants for a residence and cell phones under s. 8 of the Charter, seeking exclusion of evidence under s. 24(2).
The Crown brought a motion to adduce extrinsic misconduct evidence, including rap lyrics and videos of firearms found on the accused's phones.
The court dismissed the accused's Charter motions, finding the ITOs sufficient and admitting the evidence despite technical breaches regarding the timing of Reports to Justice.
The court partially granted the Crown's motion, admitting the rap lyrics and firearm videos as highly probative of animus and means, while excluding certain photographs due to prejudicial effect.
