The court considered whether the defence could cross-examine Constable Ali Sabeeh on prior negative judicial findings made against him in an unrelated case (R. v. Uniat) to challenge his credibility and establish a pattern of Charter breaches.

The court reviewed the legal framework for admitting such evidence, including the need for a high degree of similarity and a proper evidentiary foundation.

Ultimately, the court found that the prior findings in Uniat were of marginal relevance and that their prejudicial effect outweighed any probative value.

The application to cross-examine on those findings was dismissed, but the defence was permitted to explore the officer’s training on Charter issues.