Canada's Court: Oral Arguments from the SCC

Episode 8: R. v. Metzger


Listen Later

Mr. Metzger was convicted of two counts of robbery, breaking and entering to steal a firearm, and disguise with intent in relation to 2017 home invasion. Mr. Metzger was convicted largely on the strength of DNA evidence which tied him to a cigarette butt found within the getaway vehicle 11 hours after the robbery. The trial judge concluded that this evidence permitted him to infer both recent possession of the vehicle and guilt in the robbery. The defence appealed the convictions to the Court of Appeal of Alberta on the grounds that the trial judge misapprehended the cigarette butt evidence when he found that it supported the conclusion that Mr. Metzger was in recent possession of the vehicle. The defence further argued that the trial judge misapplied the doctrine of recent possession in his reasons. A majority of the Court of Appeal upheld the verdict, holding that the trial judge did not misapprehend the evidence or err in law by relying on the doctrine of recent possession to infer guilt. Veldhuis J.A., dissenting, would have granted the appeal and substituted an acquittal, holding that the trial judge misapplied the doctrine of recent possession and that the verdict was unreasonable. The defendant appealed as of right to the Supreme Court of Canada. One of the main issues to be determined is whether the trial judge could reasonably convict on the basis of the cigarette butt evidence and the complainant’s testimony - that he may have heard the name "Metzger" spoken during the robbery.

...more
View all episodesView all episodes
Download on the App Store

Canada's Court: Oral Arguments from the SCCBy Criminal Lawyers' Association


More shows like Canada's Court: Oral Arguments from the SCC

View all
Ideas by CBC

Ideas

404 Listeners

World Report by CBC

World Report

235 Listeners

Laugh Out Loud by CBC

Laugh Out Loud

160 Listeners

CANADALAND by CANADALAND

CANADALAND

220 Listeners

The Current by CBC

The Current

218 Listeners

The House by CBC

The House

69 Listeners

The Daily by The New York Times

The Daily

112,956 Listeners

At Issue by CBC

At Issue

110 Listeners

The Big Story by Frequency Podcast Network

The Big Story

90 Listeners

Canadian History Ehx by Craig Baird

Canadian History Ehx

80 Listeners

Front Burner by CBC

Front Burner

459 Listeners

This Matters by Toronto Star

This Matters

19 Listeners

The Decibel by The Globe and Mail

The Decibel

118 Listeners

Curse of Politics by Air Quotes Media

Curse of Politics

41 Listeners

Hub Podcasts by Hub Media Canada

Hub Podcasts

38 Listeners