M. Kruse

This decision addresses whether compelled statements made by a correctional officer during a disciplinary investigation can be used in a subsequent criminal trial.

The court held that the statements, made under statutory compulsion and in an adversarial context, are excluded from use for any purpose in the criminal proceedings, including for cross-examination on credibility.

The ruling applies the Supreme Court’s guidance in R. v. White and R. v. Nedelcu, emphasizing the protection against self-incrimination under section 7 of the Charter.

The decision addresses whether intercepted telephone communications of a complainant, disclosed to the accused in a sexual assault prosecution, constitute "records" under section 278.1 of the Criminal Code and, if so, whether they are admissible under section 278.92.

The court finds that the intercepted calls are "records" and that limited cross-examination on certain topics (money, parole, and civil action) is permitted, as the probative value is not substantially outweighed by prejudice.

The ruling clarifies the application of the s. 278 regime to institutional records and the balancing of privacy and fair trial rights.

This decision addresses two pretrial motions: the Crown’s application to admit prior consistent statements of the complainant, and the admissibility of statements from both the complainant and Mr. Burnette as res gestae and, for Mr. Burnette, as after-the-fact conduct.

The court reviews the legal framework for prior consistent statements, the narrative exception, and the admissibility of after-the-fact conduct, ultimately allowing certain narrative evidence and after-the-fact conduct to be admitted, but excluding the audio recording of a prior consistent statement as evidence.

The decision addresses a pretrial motion regarding the admissibility of bad character evidence about the complainant in a sexual assault prosecution.

The Applicant sought to introduce evidence from Brittany Crozier regarding the complainant’s alleged drug use and trafficking while incarcerated, arguing it was relevant to credibility and reliability.

The court found the evidence to be collateral, of low probative value, and likely to distract and confuse the jury, and excluded it.

The ruling reviews the collateral fact rule and its exceptions, and applies the balancing of probative value versus prejudicial effect.

The accused applied to re-elect his mode of trial from the Ontario Court of Justice to the Superior Court composed of a judge and jury.

The accused was charged with serious criminal offences including sexual assault, sexual interference, child pornography, and drug-related offences against his granddaughter.

The court granted the application, finding that the failure to file proper documentation under the Criminal Code was fatal to the original election.

The court also ordered that the complainant testify via closed-circuit television at the preliminary inquiry.