The accused, charged with drug trafficking, applied to have his trial proceed virtually because his counsel, located out of town, had childcare issues.
The Crown opposed the accused appearing virtually but did not oppose counsel doing so.
The court held that under s. 715.233 of the Criminal Code, the accused cannot appear virtually without Crown consent.
Furthermore, applying the factors in s. 715.23, the court found that the serious nature of the charges and the lack of evidence regarding the accused's personal circumstances weighed against a virtual trial.
The application was dismissed regarding the accused, who must attend in person, but granted for counsel.
