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The court granted the Crown's application to admit expert opinion evidence from a dog track handler and a forensic toxicologist in an impaired driving trial.
The Crown applied to admit expert opinion evidence from a dog track handler (Sgt. deRuiter) and a forensic toxicologist (Dr. Langille) in a criminal trial for impaired driving causing bodily harm and fail to remain.
The respondent objected to the scope and admissibility of the expert evidence.
The court applied the two-step inquiry for expert evidence admissibility, considering the Mohan criteria and the cost-benefit analysis from R. v. Abbey.
The court found both expert opinions relevant, necessary, and not subject to exclusionary rules, with qualified experts.
The probative value of the evidence, particularly given the lack of eyewitnesses and the injured party's memory loss, was deemed to outweigh any prejudicial effect.
The Crown's application was granted for both experts.
Application for accused to sit at counsel table instead of prisoner's dock dismissed.
The accused, charged with impaired driving causing bodily harm and failing to stop, applied to sit at counsel table rather than in the prisoner's dock during his jury trial.
The accused argued that sitting in the dock would prejudice his right to a fair trial, erode the presumption of innocence, and limit his ability to instruct counsel.
The Crown opposed the application, citing courtroom security, sight-lines, and the lack of exceptional circumstances.
The court dismissed the application, applying the principles from R. v. Gervais, and found that the accused failed to demonstrate exceptional circumstances necessitating a departure from the customary practice of sitting in the dock.
Criminal trial venue changed from Barrie under Criminal Code s. 599.
The accused brought an application for a change of venue in a criminal proceeding.
The written reasons for decision were subject to a publication order and therefore omitted from the publicly available decision.
However, the court issued an order under s. 599(1)(a) of the Criminal Code directing that the trial be moved from Barrie to another location.
The precise location of the trial was to be determined by the Regional Senior Justice pursuant to the protocol of the Council of Regional Senior Justices of the Superior Court of Ontario.
