The accused, Mark-Jeffrey Buckley, brought an application under s. 714.233 of the Criminal Code to appear by videoconference for pre-trial Charter applications in his indictable offence trial.
He argued that these applications were not part of the "trial" and thus did not require Crown consent under s. 715.24.
The Crown opposed, asserting that such applications are integral to the trial, thereby requiring Crown consent under s. 715.233.
The court dismissed the application, concluding that pre-trial Charter applications to exclude evidence are indeed part of the normal trial process, bearing on the substantive conduct of the trial, and therefore, the prosecutor's consent is a necessary precondition for remote appearance in an indictable offence trial.
