The Crown applied for orders allowing a police witness to testify remotely and the accused, Y.A., to attend a preliminary inquiry remotely via videoconference due to the temporary suspension of in-person proceedings amidst the COVID-19 pandemic.
Y.A. opposed, arguing lack of jurisdiction and that remote attendance would impact the fairness of the proceedings.
The court granted both applications, finding jurisdiction under sections 714.1, 715.25, and 715.23 of the Criminal Code.
The judge concluded that remote proceedings would serve the proper administration of justice, ensure fair and efficient proceedings, and enhance access to justice, without prejudicing the accused, especially given the significant delays already incurred.