The accused, R.(A.), applied to continue his criminal trial for sexual assault virtually via Zoom, a request joined by the Crown.
The court considered the application in light of ongoing COVID-19 health concerns, the presumption of in-person criminal trials, and the provisions of the Criminal Code (ss. 715.25, 715.26) governing virtual participation.
The judge balanced the convenience and health considerations for counsel against the traditional solemnity and observability of in-person proceedings.
Despite acknowledging the "abstraction" of virtual trials, the court granted the application, noting the trial's prior virtual proceedings and the serious nature of the charges, while reserving the right to revise the ruling if virtual frailties arose.
