Court File and Parties

COURT FILE NO.: 18-0552 DATE: 2019 06 03 ONTARIO SUPERIOR COURT OF JUSTICE

BETWEEN: HER MAJESTY THE QUEEN – and – RAJA DOSANJH Accused

COUNSEL: J. Forward for the Crown J. Greenspan and B.J. Greenshields, for the Accused

LEMON J.

RULING RE: EXPERT EVIDENCE (2)

RESTRICTION ON PUBLICATION A Non-Publication Order is made pursuant to ss. 645(5) and 648(1) of the Criminal Code of Canada that publication of this ruling is prohibited.

The Issue

[1] Mr. Dosanjh is charged with first degree murder and pre-trial motions are underway. As part of its case, the Crown intends to call a variety of expert witnesses.

[2] The Crown and defence have reviewed the curriculum vitae and reports of those witnesses. I have made a ruling with respect to six of those experts. See R. v. Dosanjh, 2019 ONSC 1320. At that time I set out the guiding principles. I have now been asked to rule with respect to two others.

[3] By this ruling, I also update my earlier ruling.

Forensic Computer and Digital Analysis

[4] The defence agrees that Jeremy Dupuis is an expert in the area of forensic computer and digital analysis data recovery.

[5] From my review of the material filed by the Crown on this request, I am satisfied that Mr. Dupuis is qualified to provide opinion evidence as set out in the application record.

[6] While Mr. Dupuis’s evidence is of a technical nature, much of it seems to be related to his actions and observations rather than opinions. I therefore requested the Crown to provide a more useful outline of those areas upon which the Crown seeks opinion evidence.

[7] The Crown has confirmed that the opinion evidence will be with respect to the accuracy of the G.P.S., the explanation of the “hovering” or “floating” of the G.P.S. evidence and the phone synch times. The defence consents to such opinion evidence.

[8] From my review of the material filed, I am satisfied that Mr. Dupuis is qualified to provide opinion evidence with respect to the accuracy and explanation of the G.P.S evidence along with the phone synch times.

Postmortem Examination

[9] Dr. John Fernandes performed the postmortem examination. His report and qualifications have been filed by the Crown. Dr. Fernandes has now passed away. Dr. Elena Bulakhtina has provided a report setting out her expertise. She has reviewed Dr. Fernandes’ report and adopts his conclusions.

[10] An agreement has been prepared and signed by counsel admitting that evidence.

[11] From my review of Dr. Bulakhtina’s report, I am satisfied that she is qualified to provide such opinion evidence.

[12] Dr. Bulakhtina will be referring to Dr. Fernandes’ report. Counsel expect that report will be entered into evidence. The report refers to inadmissible evidence under the headings of Pre-Autopsy Information and Summary and Opinion. Counsel agree that they will work together to prepare a redacted report for the jury’s purposes.

Phone Analysis

[13] In my ruling of February 27, 2019, I accepted that D/Cst. Greg Kaut was qualified to provide opinion evidence as conceded by the defence. However, I was concerned as to the summary of evidence given with that application.

[14] I have now been provided with a supplementary report of D/Cst. Kaut. The defence is content that the evidence set out in that report is properly admissible as opinion evidence from D/Cst. Kaut.

[15] I, too, am satisfied that D/Cst. Kaut has the expertise to provide the evidence as set out in that memo.

Functionality of Phones

[16] In my earlier ruling, I had concerns with both the expertise of Mr. Beatty as well as the content of his report.

[17] I have now been provided with an explanation of Mr. Beatty’s qualifications. The defence agrees that he is qualified to give his opinion evidence. I agree.

[18] While I have not received an updated report as requested in my earlier ruling, the combination of the old report and D/Cst. Kaut’s new report resolves my concerns. I am satisfied that Mr. Beatty is qualified to give opinion evidence with respect to the functionality of BlackBerry phones.

“Justice Lemon” Lemon J. Released: June 3, 2019