Rutu Gadhia

The Crown applied to call a police detective as an expert witness on street gangs in a first-degree murder trial.

The accused opposed the application, arguing the expert was biased and the proposed evidence, including rap videos, letters, and graffiti, was highly prejudicial.

The court found the expert evidence necessary and the detective qualified.

The court admitted most of the videos, letters, and graffiti, finding their probative value in establishing motive and the existence of a criminal organization outweighed their prejudicial effect, but excluded evidence of the accused's prior convictions and certain letters.

The applicant sought costs against the Crown following delays in disclosure and non-compliance with undertakings made at a Judicial Pre-Trial.

The applicant alleged that the Crown's failure to respond to six disclosure request letters, delayed notification to Legal Aid regarding appointment of independent counsel, and inconsistent information about occurrence reports and criminal records constituted conduct warranting a costs award.

The court dismissed the application, finding that while the Crown's conduct was unsatisfactory, it did not rise to the level of recklessness, conscious indifference to duty, or a marked and unacceptable departure from reasonable prosecution standards required to justify costs in criminal proceedings.