The accused, charged with impaired driving causing bodily harm and failing to stop, applied to sit at counsel table rather than in the prisoner's dock during his jury trial.
The accused argued that sitting in the dock would prejudice his right to a fair trial, erode the presumption of innocence, and limit his ability to instruct counsel.
The Crown opposed the application, citing courtroom security, sight-lines, and the lack of exceptional circumstances.
The court dismissed the application, applying the principles from R. v. Gervais, and found that the accused failed to demonstrate exceptional circumstances necessitating a departure from the customary practice of sitting in the dock.
