The Crown applied for an order permitting three designated undercover officers to testify remotely while wearing partial face masks during a preliminary hearing.
The Crown argued this was necessary due to the security risk posed by the ease of digital image capture in Zoom hearings, which could compromise the officers' anonymity and future undercover work in investigations involving criminal organizations.
Two defendants opposed, arguing existing protections were sufficient and that masks could hinder credibility assessment.
The court granted the Crown's application, finding the identified security risk was real and that the proposed measure balanced witness safety with the defendants' rights, noting that facial demeanor is of little value in preliminary hearings and that in-person witnesses during the pandemic often wear masks.