The Crown brought an application under s. 714.2 of the Criminal Code to allow the arresting officer in an 'over 80' trial to testify via video link from South Carolina, where he would be on a pre-planned vacation.
The defence opposed the application, arguing it would diminish the right to make full answer and defence and that the technology would impede cross-examination on exhibits.
The court granted the application, finding that the defence failed to show that receiving the evidence by video link would be contrary to the principles of fundamental justice, and set out minimal technical requirements for the testimony.
