Robert Geurts

The applicant, charged with sexual assault and surreptitiously making a visual recording, brought a pre-trial motion under s. 278.92 of the Criminal Code to admit five video tapes depicting the alleged offences.

The court found the tapes had significant probative value regarding the complainant's level of consciousness and the timing of events.

To mitigate the substantial risk to the complainant's privacy and dignity, the parties agreed to several limits, including the applicant re-electing trial by judge alone, closing the courtroom when playing the tapes, and using an agreed statement of fact.

The court ruled the tapes admissible subject to these conditions.

The Crown applied for an order permitting the complainant and her mother to testify by video link from Quebec in a trial for human trafficking and sexual assault.

The defence opposed the complainant testifying by video link but did not strenuously oppose the mother's request.

The court granted the application for the mother to testify from Quebec under s. 714.1 of the Criminal Code.

For the complainant, the court found it appropriate for her to testify outside the courtroom but ordered that she must do so from the Oshawa courthouse, citing concerns about managing cross-examination with documents and transcripts if she were in Quebec.