In pre‑trial rulings in a prosecution for robbery with a firearm, attempted murder, and drug trafficking offences arising from an alleged drug rip‑off, the Crown sought to admit extrinsic evidence including photographs of firearms found on an accused’s cellphone and text messages relating to a marijuana transaction.
The court applied the similar fact evidence framework and held that the probative value of the firearm photographs was weak and outweighed by their prejudicial effect because they did not establish possession, access, or connection to the charged offences.
Text messages with a third party discussing a marijuana purchase were also excluded because they risked reasoning prejudice and did not sufficiently support the Crown’s theory of organized drug rip‑offs.
However, the court granted the Crown’s application to qualify a police officer as an expert in firearm identification and coded or street language relating to firearms and vehicles, finding the opinion evidence relevant, necessary, and admissible under the Mohan and Abbey framework.
