Client charged with uttering threats. Complainant who resides in another province alleged that client, who she said resides in Fort McMurray, called her from his cell phone (with a 780 area code) and uttered threats over the telephone. No phone records in evidence and no evidence as to where client was at time of alleged calls or when he was arrested. Accused did not testify.
Held: Acquitted.
Court agreed that it was not proven beyond an reasonable doubt that calls made originated in this jurisdiction and jurisdiction is an essential element of the offence.