What is the test for establishing that there is a direct connection between an accused and an unknown third party?
Canada (Federal), Canada
The following excerpt is from R. v. Grant, [2015] 1 SCR 475, 2015 SCC 9 (CanLII):
There is no principled reason to require that the connection be established by evidence relating directly to the third party where that individual is unknown. Such an articulation of the test ― designed, for example, to capture the motive, propensity or opportunity of a known third party to commit the crime ― would place an unrealistic burden on the accused. How could an accused establish the motive, propensity or opportunity of an unknown individual? (See, on this point, State v. Scheidell, 227 Wis.2d 285 (1999), at paras. 24-27.)
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