The Crown applied under s. 486.2(2) of the Criminal Code for a testimonial aid (screen) for the complainant, A.F., in a historical sexual assault trial.
The complainant expressed extreme fear and emotional distress at the prospect of facing the respondent, citing panic attacks, sleepless nights, flashbacks, and increased alcohol consumption after the preliminary hearing.
The respondent opposed the application, asserting his common law right to face his accuser and arguing that the Crown had not provided persuasive evidence that the screen was necessary to obtain a full and candid account from the witness.
The court granted the application, finding that the screen would facilitate a full and candid account from the witness, considering her age, diagnosis of post-traumatic stress disorder by her family physician, and the nature of the allegations.
The court also emphasized society's interest in encouraging the reporting of offences and the participation of victims and witnesses in the criminal justice process.
