Thaxsheni Sivarajah

This ruling addresses an application by the defendant to determine whether the complainant's counsel has the right to cross-examine the defendant during a s. 276 hearing regarding the admissibility of evidence of other sexual activity.

The court held that while s. 278.94 of the Criminal Code allows the complainant to appear and make submissions, it does not grant a right to cross-examine witnesses.

The complainant remains a witness, not a party to the proceedings, and evidentiary matters fall within the purview of the Crown and Defence.

Kafi Ali was charged with multiple firearms and drug-related offences.

He brought a Charter application alleging breaches of his rights under sections 8 (unreasonable search) and 9 (arbitrary detention), seeking the exclusion of incriminating evidence under section 24(2).

The court found no Charter breaches, determining that the investigative detention was based on reasonable suspicion and was not racially motivated, and the subsequent arrest and search were lawful.

The defence conceded the elements of most offences if the Charter application failed, but disputed the charge of possession of property obtained by crime.

The court ultimately found Mr. Ali guilty of all charges, including possession of property obtained by crime, concluding that the Crown had proven the offences beyond a reasonable doubt.