Lori Hamilton

The appellant appealed a conviction for failing to comply with the no-contact term of a bail order following a trial in the Ontario Court of Justice.

During the trial, the Crown introduced police reports made by the complainant to authorities in Pakistan, which the trial judge relied upon to support the complainant’s credibility.

The appeal court held that the documents constituted prior consistent statements and were presumptively inadmissible unless an exception applied.

Because the defence allegation did not amount to recent fabrication, no exception permitted their use to bolster credibility.

The trial judge’s reliance on this inadmissible evidence was not harmless, given that the complainant’s testimony was the sole evidence supporting the conviction.

The appellant appealed his conviction for operating a motor vehicle with a blood alcohol concentration over 80.

He argued that the trial judge erred in finding that the arresting officer had reasonable grounds to arrest him for impaired driving and make a breath demand, asserting the officer only had a suspicion.

The summary conviction appeal court dismissed the appeal, finding no error in the trial judge's conclusion that the officer's observations of the appellant's driving, behaviour, and physical symptoms provided an objectively reasonable basis to believe his ability to drive was impaired by alcohol.