Terry Brandon

The three accused were charged with robbery with a firearm and related offences.

At their jury trial, the sole Crown witness claimed complete memory loss.

The Crown sought to introduce her preliminary hearing transcript.

The trial judge ruled the transcript admissible but subject to strong Vetrovec warnings.

Recognizing the severe prejudice to the defence, who had elected a jury trial expecting to cross-examine the witness, the judge allowed the accused to re-elect a judge-alone trial, finding the Crown's refusal to consent to the re-election was an abuse of process.

Sitting as a judge alone, the trial judge found the witness's uncorroborated evidence insufficient and acquitted all accused.

The accused was stopped for a traffic violation.

The investigating officer, noting the accused's nervous demeanour, evasive answers, and the presence of a baseball bat and knife in the vehicle, detained the accused for officer safety.

During a pat-down search, the officer discovered cocaine in the accused's pocket.

The accused brought an application to exclude the evidence under s. 24(2) of the Charter, alleging violations of his rights under ss. 7, 8, 9, and 10(b).

The court dismissed the application, finding that the investigative detention and pat-down search were justified based on the totality of the circumstances and officer safety concerns.