ONTARIO COURT OF JUSTICE DATE: 2024·10·24 NEWMARKET

BETWEEN:

HIS MAJESTY THE KING

— AND —

SHAN JIN

RULING RESCINDING TESTIMONIAL AID – SCREEN ORDER IN A VIRTUAL HEARING

Heard and Delivered: October 24, 2024.

Counsel: Ms. Esti Azizi........................................................................................... counsel for the Crown Ms. Donna Pledge............................................................................. counsel for the defendant

KENKEL J.:

[1] At the outset of trial an application under s 486.2(2) of the Criminal Code was granted permitting the complainant to testify from behind a one-way screen (R. v. Jin 2024 ONCJ 71). The complainant attends today by virtual appearance on Zoom for re-examination which will complete her testimony.

[2] It would not be appropriate to order the accused to turn off his camera during the virtual hearing. The court has an ongoing duty to ensure that all parties are engaged and able to follow the proceeding.

[3] I find the virtual hearing reduces the concerns the witness expressed about direct confrontation in the courtroom. A continued screen order is not necessary, nor can it be applied in this context.

[4] If a witness prefers not to see the accused during their testimony, they can apply their own remedy. Changing their Zoom view to Speaker would show the questioner only. In the alternative, if the witness wanted to retain Gallery view of all of the participants but block the accused’s window, they could do that with a post-it note or other physical block on their monitor screen.

Delivered: October 24, 2024.

Justice Joseph F. Kenkel