The accused, charged with sexual offences against a child, brought pre-trial applications alleging a section 7 Charter breach for lost evidence and seeking to adduce third-party suspect evidence.
The accused argued that police failed to preserve evidence by not searching his recreational vehicle at the time of the initial complaint, which would have revealed the absence of sex toys.
The court dismissed the lost evidence application, finding the existence of such evidence was speculative and the police decision not to search was reasonable.
The court also dismissed the third-party suspect application, ruling that the complainant's alleged prior statement about her father lacked sufficient connection to the specific crimes to be probative.
