Carl Holmes Leep-Ngeen Lem

The Crown brought a pre‑trial motion seeking to admit videotaped police interviews of three witnesses under ss. 715.1 and 715.2 of the Criminal Code.

The defence opposed admission, arguing the statements did not describe the “acts complained of” and that their admission would prejudice the accused.

The court reviewed jurisprudence interpreting the phrase “acts complained of” and concluded that the videotaped statements primarily concerned events preceding the alleged killing and therefore did not fall within the statutory requirement.

As the statements did not describe the acts forming the basis of the indictment, the statutory prerequisites were not met.

The Crown’s applications to admit the video statements were dismissed.

The Crown brought a pre‑trial application under s. 486.1 of the Criminal Code seeking permission for support persons to accompany three witnesses while testifying.

The defence consented to support persons for two witnesses with acknowledged mental disabilities but opposed the request for a third witness, arguing insufficient evidence of disability or necessity.

The court considered the statutory presumption under s. 486.1(1) and the discretionary standard under s. 486.1(2), including factors such as the witness’s age, the nature of the offence, and the witness’s relationship with the accused.

The court found no evidence that the third witness suffered from a mental or physical disability or required support to provide a full and candid account.

The application was granted for the two witnesses under s. 486.1(1) but denied for the third witness under both subsections.

On a pre‑trial motion in a murder prosecution, the accused sought relief concerning the Crown’s intention to rely on a written record to support a KGB application admitting hearsay statements of the deceased under the principled exception.

The defence argued it should be able to test the reliability of the statements through cross‑examination of the civilian witnesses who reported them.

The court held that although the Crown could proceed on the written record, fairness required that the defence be permitted to cross‑examine the relevant witnesses on the KGB voir dire.

To avoid prejudice to the accused in locating or preparing potentially hostile witnesses, the Crown was required to produce them if the defence elected to call them.