The accused was charged with touching a child for a sexual purpose.
At trial, the Crown successfully requested that the 12-year-old complainant testify behind a screen pursuant to s. 486(2.1) of the Criminal Code.
The accused challenged the constitutionality of the provision, arguing it violated his right to a fair trial under ss. 7 and 11(d) of the Charter.
The Supreme Court of Canada held that s. 486(2.1) does not infringe the Charter, as the use of a screen to protect young complainants facilitates the truth-seeking process without depriving the accused of the ability to cross-examine or the presumption of innocence.
