Keiisha-Anne Pillai

The Crown sought to call a key witness residing in Barbados to testify via videoconference at a firearms trial due to COVID-19 travel risks.

The accused opposed, arguing it would be contrary to the principles of fundamental justice under s. 714.2 of the Criminal Code.

The court held that the accused failed to discharge the onus of showing that videoconference testimony would impair his ability to make full answer and defence or adequately test credibility.

The motion was granted, and the evidence was ordered to be received by videoconference.

The applicant, charged with attempted murder and other offenses, sought production of records from the Canada Border Services Agency (CBSA) related to the complainant, Morvin George, and disclosure from the Crown regarding Mr. George and witness Lynecia Blugh.

The application for CBSA records was dismissed as the applicant failed to demonstrate likely relevance under the O'Connor test.

The application for Crown disclosure was allowed in part, with the court ordering the production of three specific missing person occurrence reports related to Ms. Blugh that referenced the applicant, while dismissing the request for other Crown records deemed clearly irrelevant.