This decision addresses two mid-trial rulings in a criminal case.
First, the Crown sought to introduce the preliminary inquiry transcript of a police constable who was unable to testify due to serious illness, pursuant to s. 715 of the Criminal Code.
The court found the criteria for admission were met and exercised its discretion to admit the evidence, as there was no unfairness to the accused.
Second, the Crown sought to admit emails sent by the accused to the investigating officer.
The court determined the officer was a "person in authority" from the accused's perspective and found the emails to be voluntary, as they were unsolicited and free from threats, promises, oppression, or police trickery.
Both applications by the Crown were granted.
