The accused, Graham Polmateer, brought an application for an in-person trial, while the Crown brought a s. 714 application.
The court dismissed the accused's application, ordering the trial to proceed remotely as previously scheduled.
The court found the application was brought too late, violating the 60-day notice rule, and that the accused was bound by his earlier agreement to a remote trial.
The judge emphasized that "personally" in the Criminal Code does not necessitate physical presence in a courtroom, and that modern technology facilitates access to justice.
The Crown's s. 714 application was deemed moot but would have been allowed.
