The defendant, Shamal Searchwell-Beals, subpoenaed D.C. Graham for a Charter application.
D.C. Graham sought to be excused from testifying under s. 700(2) of the Criminal Code due to medical grounds (PTSD).
The court applied a modified four-part test from R. v. N.S., considering whether the witness's health would be seriously jeopardized, if excusing them would risk trial fairness, if accommodation was possible, and if salutary effects of testifying outweighed deleterious effects.
The court found D.C. Graham's health would be seriously jeopardized, excusing him would risk trial fairness for the defendant, but no effective accommodation was possible.
Ultimately, the court concluded that the salutary effects of compelling testimony did not outweigh the deleterious effects on the witness's health, especially given the potential unreliability of his testimony and the existence of alternative evidence.
D.C. Graham was excused from testifying.