J. Cisorio

The Crown brought a pre-trial motion seeking to admit circumstantial evidence to challenge the accused's narrative of how he came into possession of the handgun used in the Eaton Centre shooting.

The Crown sought to introduce evidence linking a third party to a prior shooting where the same gun was used, and letters suggesting the accused knew the third party.

The court dismissed the application, finding that the suggested links were too speculative and that admitting the evidence to challenge the accused's credibility on a critical issue would be unfair and unreasonable.

The accused, charged with murder and other offences arising from a shooting at the Toronto Eaton Centre, brought a Corbett application to exclude reference to a prior sexual assault conviction and the fact he was on bail at the time of the shooting.

The Crown argued the full record was relevant to the accused's diagnosis of Antisocial Personality Disorder and his credibility.

The court granted the application, finding that the accused's extensive admitted criminal history provided sufficient information for the jury to assess credibility and malingering, and that the sexual assault conviction and bail status would be unnecessarily prejudicial.

Four accused were jointly charged with offences relating to a loaded firearm discovered in a vehicle in which they were occupants.

Two accused faced additional counts of transporting, possessing, and controlling the firearm and related ammunition offences.

After the Crown closed its case, all accused sought directed verdicts of acquittal on the basis that the Crown had failed to establish a prima facie case of knowledge or control of the firearm.

The court held that mere presence in a vehicle containing a firearm, coupled with nervous behaviour and seat movements, was insufficient to establish knowledge or control beyond a reasonable doubt, particularly where another unidentified occupant fled the vehicle from the seat where the firearm was located.

Concluding that the circumstantial evidence could not permit a properly instructed jury to find guilt beyond a reasonable doubt, the court granted directed verdicts and acquitted all accused.