The Crown applied for an order permitting the complainant to testify via closed-circuit television (CCTV) pursuant to section 486.2(2) of the Criminal Code in a trial involving charges of sexual assault, assault, and uttering threats.
The accused opposed the application.
The complainant initially testified in person without accommodation but renewed her request after the first day of trial, stating that the accused's presence impeded her ability to provide full and candid testimony.
The court granted the application, finding that the nature of the allegations, the intimate partner relationship between the parties, the complainant's expressed fear and sense of intimidation, and the barrier this created to truthful testimony all favoured the granting of the order.