On a Crown application under s. 714.1 of the Criminal Code, the court considered whether multiple prosecution witnesses in an attempted murder prosecution should testify by video during blended pretrial motions and trial proceedings.
The court held that exceptional circumstances are not required and applied the statutory factors, including witness location, travel burden, personal circumstances, suitability of the remote site, fair trial rights, and the seriousness of the offence.
Remote testimony was authorized for Sioux Lookout witnesses and two forensic witnesses, given the substantial travel burdens, parental leave circumstances, and adequate technology at the proposed OPP detachment location.
The application was denied as to one officer transferred to Bracebridge because the Crown failed to establish a sufficient evidentiary foundation regarding the proposed location and technology, and that witness did not face comparable travel hardship.
