John Saftic

The Crown brought an application for an order permitting two child witnesses to testify via closed-circuit television (CCTV) with a support person present.

The accused consented to the use of CCTV but requested that defence counsel be permitted in the room with the witnesses during cross-examination.

The court denied the request, finding that allowing defence counsel in the room would defeat the purpose of section 486.2 of the Criminal Code and cause undue stress to the child witnesses.

The court ordered that the witnesses testify via CCTV with defence counsel remaining in the courtroom.

Following guilty pleas to criminal negligence causing death and trafficking in drugs, the court conducted a Gardiner hearing to determine aggravating and mitigating factors for sentencing.

The evidence established that the accused possessed and crushed opioid capsules at a gathering, leaving the drugs accessible for others to ingest.

A guest consumed the drugs and later died from an overdose.

The court found that the accused knowingly made the drugs available and failed to prevent their consumption despite knowledge of the deceased’s substance abuse history.

These circumstances were proven beyond a reasonable doubt as aggravating factors to be considered at sentencing.