J. Booy

During a murder trial, the Crown brought a KGB application to admit the Agreed Statements of Fact (ASF) from two co-accused who had previously pleaded guilty to manslaughter and subsequently recanted portions of their ASF while testifying.

The defence conceded necessity and threshold reliability but contested the scope of the ASF to be admitted.

The court granted the application but ordered the ASF to be edited to exclude hearsay, background information, and matters beyond the witnesses' personal knowledge, allowing only what the witnesses personally heard or observed.

The applicant, charged with sexual assault against two stepdaughters, applied to sever the counts in the indictment.

He argued that the significant time gap between the alleged incidents and the risk of propensity reasoning would prejudice his right to a fair trial.

The court dismissed the application, finding a strong factual and legal nexus between the counts, including similar delayed disclosures and an alleged admission against interest.

The court concluded that appropriate jury instructions could mitigate any potential prejudice.