Eric Webster Tweel

The Superior Court of Justice provided reasons for two evidentiary rulings made during a criminal trial for aggravated assault and assault.

First, the court granted the Crown's application under s. 714.1 of the Criminal Code to allow a witness, Jaskeerat Singh Mann, to testify by videoconference, finding it appropriate given his personal circumstances, cost implications, and the nature of his evidence, which primarily involved introducing videos.

Second, the court permitted Samneet Guraya to give identification evidence from trial videos, determining that a Leaney Application was not required as she had a pre-existing relationship with the accused, placing her in a better position than the jury to identify them.

The accused, B.H., a single mother, was charged with failing to provide the necessaries of life to her two-year-old daughter, X., after the child was found unsupervised outside their apartment on two occasions on the same morning.

The court considered the elements of the offence, particularly the mens rea requiring a marked departure from the conduct of a reasonably prudent parent.

The judge found that while the child was in necessitous circumstances, the mother's actions, including taking immediate precautions after the first incident and accidentally dozing off, did not constitute a marked departure from the standard of care, especially given her recent trauma from the death of another daughter.

The accused was acquitted.