R. v. Tkachuk

canada, canadian, case law, court opinion, canlii, bcca, 2026bcca374, 2026 bcca 374 (canlii), 2026, bcca, 374, (canlii), ca50722, 2026, criminal and statutory offences, conviction appeal, home invasion offences, circumstantial crown case based on eyewitness, dna, and cell phone evidence, identity as the central issue, whether the verdict was unreasonable under the villaroman approach, guilt the only reasonable inference on the whole of the evidence, appeal dismissed, evidence, circumstantial evidence, cell phone and cell tower records, whether trial judge materially misapprehended timing and probative significance of communications, whether inferences about general location and movement were available without expert evidence, sectorization and tower proximity considered, findings upheld as reasonable, appeal dismissed, procedure, record on appeal, use of court file materials, whether trial judge erred by relying on “materials in the court file” not admitted at trial, crown request to rely on release order surety attachment, inherent jurisdiction to review own records, petrelli applied, no reversible error found, appeal dismissed, criminal and statutory offences, reasons for conviction, villaroman framework, whether trial judge reversed burden by requiring defence to explain dna on canister mask, speculation and “evidentiary foundation” in alternative explanations, cumulative assessment of circumstantial evidence, deferential standard on appeal applied, ground rejected, appeal dismissed, procedure, appeals, extension of time, notice of appeal filed late, whether extension should be granted where crown does not oppose, application granted and appeal proceeds on the merits, extension of time granted, appeal dismissed