The Crown brought an application under section 714.1 of the Criminal Code seeking to have its central witness in a sexual assault case testify by videolink from Regina, Saskatchewan, rather than attend in person in Barrie, Ontario.
The witness had relocated out of province and faced financial hardship and an unspecified health issue.
The court dismissed the application, finding that where credibility is central to the case and the witness is a primary Crown witness, the defendant's right to make full answer and defence requires the witness to attend in court before the trier of fact.
The court emphasized that while videolink technology is a useful tool, it should not be used where it would impair the defendant's ability to confront the witness and the court's ability to assess credibility through observation of demeanour and facial expressions.
