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Youth's conviction in gun case tossed over blurry surveillance video

Tuesday, August 22, 2017 @ 7:17 AM | By Kim Arnott

A ruling from the Ontario Court of Appeal offers a cautionary tale about recognition evidence arising from poor quality surveillance video, in a decision that one legal expert sees as an important companion case to Nikolovski.

Jonathan Dawe, Toronto appeals lawyerIn R. v. M.B. 2017 ONCA 653, the court replaced a Hamilton youth’s convictions on gun and assault charges with acquittals, after finding the trial judge failed to properly scrutinize the reliability of the recognition evidence.

While Nikolovski established that a clear video could alone provide...