The Crown applied for an order permitting witnesses residing outside Ontario to testify via video link in a sexual assault trial arising from an alleged incident on an international flight.
The defendant opposed the application, arguing it would be unfair to require him to attend in person while allowing prosecution witnesses to testify remotely.
The court granted the application for a secondary witness and an American witness but dismissed it for the complainant, finding insufficient evidence regarding technology quality and witness inconvenience, and concerns about the appearance of fairness given the defendant's out-of-province residence.