Nemee Bedar

This decision addresses whether a Crown witness, Constable Emmanuelle Boucher, may testify remotely via videoconference at trial under section 714.1 of the Criminal Code.

The accused, Ashley Russell, faces a charge of operating a conveyance while prohibited.

The Court balanced factors including the witness's location, costs, the nature of the offence, and the accused’s right to a fair trial.

The Court found that the presumption of in-person testimony was overcome, permitting remote testimony by Zoom with conditions to ensure fairness and integrity of the evidence.

Following a guilty plea to second degree murder committed at age 17, the Crown sought an adult sentence and the defence sought the maximum youth sentence with an Intensive Rehabilitative Custody and Supervision order.

Applying ss. 71 and 72 of the Youth Criminal Justice Act, the court held the Crown failed to rebut the presumption of diminished moral blameworthiness, relying heavily on evidence of cognitive limitations, psychosocial immaturity, trauma, peer vulnerability, and meaningful rehabilitative progress in custody.

The court further held that a seven-year youth sentence, structured through IRCS, was sufficient to hold the accused accountable while promoting rehabilitation and reintegration.

A seven-year IRCS sentence was imposed, with partial credit for pre-trial custody, plus ancillary Criminal Code orders.

The appellant appealed his convictions for eleven charges arising from an armed robbery of a cryptocurrency exchange business.

He argued the trial judge erred in assessing circumstantial evidence and failed to consider reasonable inferences inconsistent with guilt.

The Court of Appeal dismissed the appeal, finding the trial judge correctly applied the Villaroman principles and reasonably concluded that the appellant's participation in the robbery was the only plausible inference based on the totality of the evidence, including DNA on clothing used in the robbery.