Standard of Review 

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  • Whether the video recordings were of sufficient quality is a question of fact for the trier of fact.  

  • If an appellate court, upon a review of the tape, is satisfied that it is of sufficient clarity and quality that it would be reasonable for the trier of fact to identify the accused as the person in the tape beyond any reasonable doubt then that decision should not be disturbed. Similarly, a judge sitting alone can identify the accused as the person depicted in the videotape: R v Brouillard, 2016 ONCA 342 at para 10