The Crown applied for an order compelling the accused, who was wearing a blazer, to roll up his sleeves in court so the complainant could see if he had a specific tattoo for identification purposes.
The accused objected, arguing it would violate his rights under s. 8 and s. 11(c) of the Charter.
The trial judge dismissed the application, holding that compelling an accused to disrobe in open court for identification is an improper exercise of judicial authority that conscripts evidence and infringes on the right to silence.
