I am not satisfied that this is an appropriate case to apply the proviso in s. 686(1)(b)(iii) of the Criminal Code, as it is possible that a trier of fact would have a reasonable doubt as to the appellant’s guilt if the evidence in question were removed from his or her consideration: see Broyles v. The Queen (1991), 1991 CanLII 15 (SCC), 68 C.C.C. (3d) 308 (S.C.C.) at 328.
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