The Crown applied under s. 715(1) of the Criminal Code to adduce the preliminary inquiry testimony of a key witness who was deemed too ill to testify at trial due to severe mental health challenges triggered by her previous testimony.
The accused opposed the application, arguing lack of full opportunity to cross-examine and trial unfairness due to new evidence.
The court found the witness was too ill to testify, the defence had a full opportunity to cross-examine her at the preliminary inquiry, and the admission of the evidence would not render the trial unfair.
The application was granted, and the transcripts were admitted as substantive evidence.
