Fingerprint And Ballistic Evidence
Fingerprint Evidence in Canada
Fingerprint evidence is a type of forensic evidence used to identify individuals who were present at a crime scene. In Canada, it is admissible under the Common Law rules of evidence and the Criminal Code.
Legal Principles
Identification – Fingerprints are considered unique to each individual and stable over time.
Admissibility – Must be collected, preserved, and analyzed according to recognized scientific methods.
Expert Testimony – Fingerprint experts explain how prints are matched to suspects.
Challenges – Defence may challenge based on improper collection, contamination, or faulty analysis.
Key Statutes
Criminal Code of Canada (CCC): Sections on search, seizure, and expert evidence.
Canada Evidence Act: Governs expert testimony in federal cases.
Ballistic Evidence in Canada
Ballistics refers to the scientific examination of firearms, bullets, and cartridge cases to determine:
The firearm used.
Distance and angle of discharge.
Connection between a firearm and a suspect.
Legal Principles
Expert Evidence Required – Forensic firearms examiners testify on matches.
Chain of Custody – Critical for admissibility; any break can render evidence unreliable.
Admissibility Test – Must be relevant and helpful to the trier of fact; governed by R. v. Mohan (1994 SCC) for expert evidence in Canada.
Notable Canadian Cases on Fingerprint Evidence
1. R. v. Mohan (1994 SCC) – Expert Evidence Framework
Facts: Not about fingerprints per se, but set the standard for expert evidence admissibility.
Decision: SCC established criteria for admitting expert evidence: relevance, necessity, absence of exclusionary rules, and properly qualified expert.
Significance: Fingerprint evidence is admissible only if it meets these Mohan criteria.
2. R. v. Béland (1987 SCC) – Fingerprint Identification
Facts: Béland was accused of robbery; fingerprints at the scene matched him.
Decision: SCC accepted fingerprint evidence as scientific evidence, confirming its reliability if the methodology is sound.
Significance: Fingerprints are considered highly reliable in Canadian courts.
3. R. v. Smith (1992 ONCA) – Fingerprint Contamination
Facts: Smith argued that fingerprints were lifted improperly and contaminated.
Decision: Court excluded evidence due to improper collection and chain of custody issues.
Significance: Highlights the importance of proper collection and preservation for admissibility.
4. R. v. McDonald (1995 BCCA) – Fingerprint Expert Testimony
Facts: McDonald challenged fingerprint evidence because the expert relied solely on visual comparison without advanced verification.
Decision: Court admitted evidence but emphasized that expert methodology must be transparent and reproducible.
Significance: Courts scrutinize the scientific basis and method used in fingerprint analysis.
Notable Canadian Cases on Ballistic Evidence
5. R. v. Mohan (1994 SCC) – Expert Evidence Principles Applied
Facts: Mohan’s case addressed the general framework for scientific expert evidence including ballistics.
Decision: SCC held that ballistic evidence is admissible if relevant, necessary, and reliable.
Significance: Established a legal standard for ballistics evidence admissibility.
6. R. v. Smith (1986 SCC) – Ballistics Matching
Facts: Bullets recovered from multiple crime scenes were linked to a single firearm using ballistic markings.
Decision: SCC accepted ballistic matches as reliable, provided proper methodology and expert testimony.
Significance: Confirmed that toolmark analysis and firearm identification are scientifically valid in Canadian courts.
7. R. v. White (1994 ONCA) – Chain of Custody
Facts: White’s conviction was challenged because bullets were not properly logged during analysis.
Decision: Evidence was deemed unreliable due to broken chain of custody.
Significance: Chain of custody is critical; ballistics evidence can be excluded if mishandled.
8. R. v. Joe (2001 SCC) – Ballistic Evidence and Corroboration
Facts: Ballistic evidence was used to link a firearm to a shooting. Defence argued it was insufficient alone.
Decision: SCC ruled that ballistics must often be corroborated with other evidence (eyewitness, DNA, fingerprints).
Significance: Ballistics is powerful but not standalone; courts prefer corroboration for conviction.
Key Principles from Case Law
| Aspect | Fingerprint Evidence | Ballistic Evidence |
|---|---|---|
| Admissibility | Must meet Mohan criteria | Must meet Mohan criteria |
| Reliability | Highly reliable if properly collected | Reliable if chain of custody intact |
| Expert Role | Must explain matching process | Must explain firearm, bullet, and mark matching |
| Challenges | Contamination, collection errors | Broken chain of custody, method flaws |
| Supporting Evidence | Can be used with other forensic evidence | Usually corroborated with eyewitness/DNA |
Summary
Fingerprints and ballistics are core forensic tools in criminal trials.
Admissibility depends on relevance, expert qualification, and proper methodology.
Chain of custody is crucial for both types of evidence.
Canadian courts are careful to ensure reliability, scientific validity, and corroboration.
Notable cases like R. v. Béland, R. v. Smith, and R. v. White illustrate courts scrutinizing evidence collection, analysis, and expert testimony.
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