Liam Hendrikse

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.

The defence brought a pre-trial motion to qualify three expert witnesses for an upcoming jury trial involving charges of attempted murder and criminal negligence causing bodily harm following a police pursuit and 'rolling block' takedown.

The court applied the Mohan and Abbey frameworks to assess the admissibility of the proposed experts.

The court denied the qualification of a ballistics expert, finding the evidence unnecessary and potentially distracting.

However, the court permitted the defence to call an expert in police training and use of force, as well as an expert in accident reconstruction, concluding that their testimony would assist the jury in understanding the chaotic scene and the context of the police actions.