The Crown and the accused brought a joint motion for an order to conduct the upcoming trial in person, primarily because the accused lacked video access for remote proceedings.
The court noted that the Hamilton Provincial Offences Court was not currently scheduling in-person trials due to pandemic conditions.
Applying the factors from Carleton Condominium, the court found that court administration could facilitate Zoom access for the accused, fulfilling his fair trial rights.
The joint motion was dismissed, and the trial was ordered to proceed remotely.
