T. Cass

The Crown brought a pre-trial application to admit text messages between the accused and a co-conspirator sent days before a fatal robbery.

The Crown argued the messages, which discussed purchasing a firearm, were probative of the accused's knowledge that the robbery's purpose was to obtain firearms.

The accused opposed, arguing the messages constituted highly prejudicial propensity evidence.

The court held the messages were admissible as specific propensity evidence, finding their probative value outweighed the moral and reasoning prejudice, provided certain inflammatory portions were redacted and a limiting instruction was given to the jury.

The applicant, a young person charged with first degree murder, brought an application to sit at counsel table during his trial instead of the prisoner's box.

The Crown opposed the application but raised no security concerns.

The court granted the application, noting the seriousness of the charge, the potential for prejudice against racialized persons, the lack of evidence disproving potential prejudice from sitting in the dock, and the facilitation of communication with counsel.