Case information

None.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Canadian Charter of Rights and Freedoms – Criminal law – Evidence – Whether evidence of gun shot residue (GSR) should have been excluded from evidence under s. 24(2) of the Charter – Search and seizure – Section 8 of the Charter – Admissibility of applicant’s statements to police – Is a traditional probative value vs. prejudicial effect analysis sufficient to guard against a miscarriage of justice in relation to scientific forensic evidence where there is evidence of contamination – In cases where particles characteristic of GSR are found on an accused, should evidence about the existence of non-GSR one- and two-element particles be left with the trier of fact as evidence capable of supporting the conclusion that the accused discharged a firearm – What limits should be placed on when triers of fact can rely on exculpatory post-arrest utterances of an accused to support an inference of guilt – Did the Court of Appeal err in the assessment of the s. 24(2) Charter factors – Does the power to search incident to an investigative detention extend to taking preparatory steps towards preserving potential evidence – Charter of Rights, ss. 8, 24(2).

The applicant is Ms. Stevenson’s estranged husband. Ms. Stevenson was shot in the head as she was leaving for work. The applicant was arrested and charged with her murder. After a trial by judge and jury, the applicant was convicted of first degree murder. The conviction appeal was dismissed.