1:38 PM Wed May 26 Exit Fullscreen x . v. Menard (1996), 29 0.R. (3d) 772 (Ont. C.A.) CASE The victim was a part-time taxi driver in Montreal. On April 12, 1991, his taxi 1. Categorize the was discovered submerged in the Madawaska River, near Arnprior, Ontario. Crown's evidence His body was not found until June 9, 1991, when it was discovered off the side under the headings of a road just outside Arnprior. An autopsy revealed that he had been killed by Eyewitness Evidence, multiple stab wounds to the back. Wounds to several ribs indicated a sub- Physical Evidence, stantial use of force. and Expert Witness On the same day the victim disappeared, a man noticed a taxi being Evidence driven toward the Madawaska River. When he ran to the river, he saw the taxi 2. Given that the victim sinking into the water. He turned and saw Menard with a duffle bag and suffered multiple stab wounds, what valuable some clothing. He called the police, and Constable Nicholas of the Ontario Provincial Police arrived at the scene. Nicholas asked Menard what had piece of evidence is missing from the case happened. Menard replied that he had been hitchhiking and was picked up summary? by a man named Phil who stopped the car and told him to get out. Phil then 3. Put yourself in the drove the car into the river and ran away toward the highway. position of Menard's More police arrived and examined the area where the car had entered the lawyer. How would you water. They found only one set of footprints. On top of the hill they discov- challenge the type of ered a bundle of wet clothing with stains of blood. After the victim was found evidence presented? and the car was removed from the water, the bloodstains on the driver's seat and on the floor plus the blood on the wet clothes were matched to the victim's blood. All the blood samples were consistent with the victim's blood type, which is shared by less than 1 percent of the population. Contact staining consistent with the victim's blood type was also found on Menard's jeans. A forensic ge- ologist testified that soil samples taken from the area where the victim's body was found were consistent with samples found on Menard's boots. A jury convicted Menard of second-degree murder. His appeals to the Ontario Court of Appeal and the Supreme Court of Canada were dismissed