The Crown applied under s. 714.1 of the Criminal Code for an order permitting the complainant in a sexual assault and uttering threats trial to testify remotely via videoconference.
The complainant resided in British Columbia, was pregnant with health issues, and concerned about COVID-19 travel.
The defence conceded the s. 714.1 criteria were met but objected, arguing that remote testimony should only be allowed in exceptional circumstances when credibility is at issue, and that cross-examination with documents/video might be difficult.
The court granted the application, rejecting the "exceptional and compelling circumstances" test for credibility, noting Parliament's amendments to s. 714.1 and courts' extensive experience with virtual testimony.
The court also addressed the practical concerns regarding evidence presentation.
