The appellant appealed his convictions for possession of steroids and cocaine for the purpose of trafficking, and possession of proceeds of crime.
At trial, the Crown introduced extensive evidence suggesting the appellant was associated with the Hells Angels and was a target of a large-scale organized crime investigation.
The Crown also introduced intercepted communications portraying the appellant as knowledgeable about the criminal justice system, and anecdotal opinion evidence from a police officer regarding steroid stockpiling.
The Court of Appeal held that the gang affiliation and intercept evidence constituted highly prejudicial bad character evidence that was irrelevant to the material issues.
Furthermore, the police officer's anecdotal testimony exceeded the proper bounds of opinion evidence, effectively reversing the burden of proof.
The Court declined to apply the curative proviso, finding the cumulative errors rendered the trial unfair.
The appeal was allowed and a new trial ordered.
