A. Orlov

The Crown brought an application under s. 486.2(2) of the Criminal Code seeking an order to allow the complainant to testify at trial by closed-circuit television (CCTV).

The accused opposed the application.

The court considered the factors under s. 486.2(3) and found that the complainant, a mature and articulate adult without disabilities, was capable of providing a full and candid account of the allegations in open court.

The court noted that the complainant had previously participated in family court proceedings with the accused in the same courtroom without incident.

The application was dismissed, with the court noting that pauses or breaks would be available to the complainant if needed during her testimony.

The accused, charged with sexual assault, brought an application seeking a declaration that text messages between himself and the complainant were not 'records' under section 278.1 of the Criminal Code.

The messages primarily involved the complainant asking the accused for money to purchase a property and expressing frustration.

Applying the framework from R. v. J.J., the court found that the messages did not contain highly sensitive personal information going to the complainant's biographical core.

The application was granted, and the court declared the text messages were not records.