The Crown applied to cross-examine the accused, a police officer charged with sexual assault, on testimony he previously gave as a Crown witness in a related prosecution.
The Crown argued the prior testimony was voluntary because the accused was not under a court-issued subpoena, but rather an internal police notification.
The court dismissed the application, finding that the accused was compelled to testify in the prior proceeding due to his statutory duties under the Police Services Act and the internal police subpoena.
Therefore, his prior testimony was protected by section 13 of the Charter and could not be used to incriminate him or impeach his credibility.
