Lisa A. Silver

The accused was charged with touching a child for a sexual purpose.

At trial, the Crown successfully requested that the 12-year-old complainant testify behind a screen pursuant to s. 486(2.1) of the Criminal Code.

The accused challenged the constitutionality of the provision, arguing it violated his right to a fair trial under ss. 7 and 11(d) of the Charter.

The Supreme Court of Canada held that s. 486(2.1) does not infringe the Charter, as the use of a screen to protect young complainants facilitates the truth-seeking process without depriving the accused of the ability to cross-examine or the presumption of innocence.

The appellant appealed his conviction for conspiracy to commit prison breach, arguing the trial judge improperly drew an adverse inference from his failure to call witnesses.

The Supreme Court of Canada dismissed the appeal, finding that the trial judge's conclusions as to guilt operated independently of the adverse inference discussion.

The trial judge had made it clear that the Crown proved its case and the accused's story was unbelievable, making the adverse inference discussion a mere afterthought.