The appellant, convicted of sexual assault, child luring, and child pornography offences, appealed three rulings from his trial.
He challenged the trial judge's decision to admit child pornography evidence despite a s. 8 Charter breach regarding the search warrant's scope, her refusal to allow cross-examination of the affiant (Det. Pelletier) on his mental health and disclose his medical records, and the excusal of another officer (Officer D.G.) from testifying.
The Court of Appeal dismissed the appeal, upholding the trial judge's s. 24(2) Charter analysis, finding no error in balancing the Grant factors.
The court also affirmed the trial judge's discretionary decisions regarding cross-examination and disclosure, noting the appellant's failure to lay a proper evidentiary foundation for his Charter applications.
