M. Sean Gaudet

The applicant was charged with impaired driving by drug and possession of methamphetamine.

During the trial, the drug recognition evaluation (DRE) officer testified that the DRE room had video recording capacity and he believed the evaluation was recorded.

The Crown had previously informed the defence that no video existed.

The applicant brought a Charter section 7 application for lost evidence.

The court found that the video recording likely existed, was automatically generated, and was lost due to the unacceptable negligence of the police and Crown in failing to preserve it within the retention period despite defence requests.

Finding that the lost video prejudiced the applicant's ability to make full answer and defence, the court granted a stay of proceedings.

The accused, an inmate at the Toronto South Detention Centre, was charged with manslaughter after a physical altercation with his 69-year-old cellmate.

The accused claimed he acted in self-defence after the victim spilled water on him and allegedly touched him sexually.

The court rejected the sexual assault allegation and found the accused's response—delivering multiple blows that caused catastrophic facial and brain injuries—was disproportionate and unreasonable.

The court concluded the assault was a significant contributing cause of death and found the accused guilty of manslaughter.