The applicant sought a stay of proceedings and exclusion of evidence under ss. 7, 11(d), and 24 of the Charter due to lost police evidence, including a photo line-up video and photos/videos of a search warrant execution at his apartment.
The court dismissed the application, finding that a stay or exclusion of evidence was not warranted.
Instead, the court held that less intrusive remedies were appropriate, such as prohibiting the Crown from arguing the applicant was identified in the photo line-up and allowing the absence of the search evidence to be considered in assessing reasonable doubt.
