Yoni S. Rahamim

In pre‑trial rulings in a prosecution for robbery with a firearm, attempted murder, and drug trafficking offences arising from an alleged drug rip‑off, the Crown sought to admit extrinsic evidence including photographs of firearms found on an accused’s cellphone and text messages relating to a marijuana transaction.

The court applied the similar fact evidence framework and held that the probative value of the firearm photographs was weak and outweighed by their prejudicial effect because they did not establish possession, access, or connection to the charged offences.

Text messages with a third party discussing a marijuana purchase were also excluded because they risked reasoning prejudice and did not sufficiently support the Crown’s theory of organized drug rip‑offs.

However, the court granted the Crown’s application to qualify a police officer as an expert in firearm identification and coded or street language relating to firearms and vehicles, finding the opinion evidence relevant, necessary, and admissible under the Mohan and Abbey framework.

The accused was charged with sexual assault and sexual interference against a minor complainant.

The Crown sought to introduce similar fact evidence from two additional witnesses (sisters of the complainant) alleging similar sexual misconduct by the accused.

The trial judge conducted a voir dire to determine the admissibility of the similar fact evidence under the established legal framework.

The court found that while there were similarities in the conduct alleged by all three witnesses, the potential for collusion, combined with material inconsistencies in the evidence and credibility concerns, meant that the probative value of the similar fact evidence did not outweigh its prejudicial effect.

The similar fact evidence was therefore excluded from trial.