W.V. Clifford

The accused was charged with impaired operation of a motor vehicle causing death, operation of a motor vehicle with over 80 mg of alcohol in blood causing death, and dangerous operation of a motor vehicle causing death, arising from a fatal head-on collision on Highway 17.

The Crown sought to admit expert evidence from three Ontario Provincial Police collision reconstruction officers: Constable Kelly (Level 3 Technical Traffic Collision Investigator), Constable Hewitt (Level 4 Accident Reconstructionist), and Constable Kern (Level 4 Accident Reconstructionist and regional lead).

The defence objected on grounds of bias, lack of independence, partiality, and lack of competence.

The court conducted an extensive voir dire on the admissibility of expert evidence, examining the independence, objectivity, and qualifications of each officer.

The Crown brought a motion seeking a ruling permitting cross-examination of a police sergeant on his prior testimony given at a separate trial where he testified as a Crown witness.

The sergeant was subsequently charged with sexual assault.

The central issue was whether the sergeant's prior testimony was compelled and therefore protected by section 13 of the Canadian Charter of Rights and Freedoms.

The court held that the testimony was compelled both because the sergeant was a compellable witness called by the Crown and because he was statutorily compelled to attend court under the Police Services Act and police policy.

The court rejected the Crown's argument that section 13 rights are diminished for police officers and dismissed the Crown's application.