J. Witkin

The accused, a Taekwondo coach charged with sexual assault, applied for the production of interview recordings and notes held by the CBC involving one of the complainants.

The court determined that the common law O'Connor regime applied rather than the Criminal Code s. 278.1 regime, as the complainant had no reasonable expectation of privacy in statements made for a television documentary.

Balancing the accused's right to make full answer and defence against the media's freedom of the press under the Vice Media framework, the court ordered the CBC to produce limited, highly relevant excerpts of the interviews and notes.

The accused, charged with sexual assault, brought a motion for disclosure of communications between the complainant and the CBC regarding a proposed documentary.

The Crown and third parties argued the communications were protected under s. 278 of the Criminal Code due to a reasonable expectation of privacy.

The court found that while there was a subjective expectation of privacy, the communications regarding the scope and terms of the CBC interviews were directly relevant to the defence's O'Connor application.

The court ordered the disclosure of relevant emails and texts, excising irrelevant personal details.

The accused was charged with firearm and robbery offences following an armed robbery of two victims by multiple perpetrators who fled in a black Jeep.

The Crown's case relied on circumstantial evidence, including the accused's DNA found on a handgun and a soda can in the abandoned getaway vehicle, cell tower data, and weak photo lineup identifications.

The court found the identification evidence unreliable and the circumstantial evidence open to inferences consistent with innocence, such as secondary DNA transfer.

Concluding the Crown failed to prove identity beyond a reasonable doubt, the court dismissed the charges and acquitted the accused.