F. Kelly

The applicant, charged with first-degree murder, brought an omnibus application to exclude evidence under the Charter.

He challenged the validity and execution of a search warrant at his residence, the lawfulness and manner of his arrest, and the admissibility of a photo line-up identification.

The court found that the Information to Obtain the search warrant contained sufficient grounds and that the dynamic entry was justified by the potential presence of a firearm.

The court also held that the police had reasonable grounds for the arrest and did not use excessive force.

Finally, the court ruled that the photo line-up substantially complied with best practices and any flaws went to weight rather than admissibility.

The application was dismissed.

The appellant appealed convictions for multiple assaults and uttering threats arising from a domestic relationship.

He argued that the trial judge misapprehended evidence, improperly assessed credibility, and relied on impermissible propensity reasoning.

The Summary Conviction Appeal Court found no reversible error in the credibility analysis and upheld the convictions on the later counts.

However, the court held that several counts were statute‑barred because the Crown elected to proceed summarily more than six months after the alleged offences without clear, informed, and unequivocal consent from the accused under s. 786(2) of the Criminal Code.

Those convictions were quashed as a nullity, and the matter of sentence on the remaining counts was remitted to the trial judge for reconsideration.