Ms. D. Condo

The accused, Hassan Bdeir, brought a motion at the start of his sexual assault trial to have witnesses testify without face coverings or masks, arguing that facial expressions are crucial for credibility assessment and his right to make full answer and defence.

The court dismissed the motion, ruling that witnesses testifying in person must wear masks, citing the precautionary principle in the context of the COVID-19 pandemic and balancing the accused's constitutional rights against public health and safety.

The accused were charged with multiple offences including conspiracy to traffic cocaine, trafficking, and participating in a criminal organization following a lengthy police investigation involving wiretaps and surveillance.

The court found both accused guilty of conspiracy to traffic and trafficking in cocaine, relying on intercepted communications and surveillance evidence establishing their roles in an ongoing drug distribution network.

However, the court acquitted them of the criminal organization charges, finding insufficient evidence of structure or leadership to meet the statutory definition.

The court also dismissed the accused's application under s. 11(b) of the Charter, concluding that the 38-month delay was justified by the case's complexity and the transitional exception under the Jordan framework.