23 Once the trial judge has determined that the crime charged and the similar act were likely committed by the same person, the judge must then consider whether there is evidence linking the accused to the similar act. A link between the accused and the similar acts is a precondition to admissibility: see Sweitzer v. The Queen, 1982 CanLII 23 (SCC), [1982] 1 S.C.R. 949, at p. 954, as cited with approval in Arp, supra, at para. 54: Before evidence may be admitted as evidence of similar facts, there must be a link between the allegedly similar facts and the accused. In other words there must be some evidence upon which the trier of fact can make a proper finding that the similar facts to be relied upon were in fact the acts of the accused for it is clear that if they were not his own but those of another they have no relevance to the matters at issue under the indictment. If the similar facts relied upon were not in fact the acts of the accused, then they have no probative value.
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