Georgette Gaganiaras

The Crown sought to call a key witness residing in Barbados to testify via videoconference at a firearms trial due to COVID-19 travel risks.

The accused opposed, arguing it would be contrary to the principles of fundamental justice under s. 714.2 of the Criminal Code.

The court held that the accused failed to discharge the onus of showing that videoconference testimony would impair his ability to make full answer and defence or adequately test credibility.

The motion was granted, and the evidence was ordered to be received by videoconference.

The applicant, charged with second-degree murder, brought a pre-trial motion challenging the constitutionality of Bill C-75 amendments to the Criminal Code that abolished peremptory challenges and altered the challenge for cause procedure.

The applicant argued the changes violated sections 7, 11(d), and 11(f) of the Charter and relied on a recent coordinate court decision that found the repeal of peremptory challenges unconstitutional.

The court dismissed the application, finding the coordinate decision was plainly wrong and therefore not binding.

The court held that the amendments are constitutional and operate retrospectively.

The offender was found guilty of manslaughter by a jury after fatally shooting the victim in the chest during a dispute.

The court inferred the shooting was intentional for intimidation purposes but assumed the offender did not intend to hit the victim.

The court declined to revisit the constitutionality of the four-year mandatory minimum for manslaughter with a firearm.

Balancing the gravity of the offence with the offender's youth, lack of criminal record, and strong family support, the court imposed a sentence of six years, reduced to three years less 15 days after credit for pre-trial custody.