CITATION: R. v. Asfaha, 2026 ONSC 2180
SUPERIOR COURT OF JUSTICE – ONTARIO
RE: HIS MAJESTY THE KING, Respondent
AND:
AWET ASFAHA, Applicant
BEFORE: Davies J.
COUNSEL: Katherin Rogozinski, for the Crown Breana Vandebeek and Kimia Heidary, for Mr. Asfaha
HEARD at Toronto: in writing
REASONS FOR DECISION
1Mr. Asfaha was found guilty of first degree murder on July 5, 2012. He received a mandatory life sentence with no eligibility for parole for 25 years. Mr. Asfaha has brought an application for Judicial Review. He is seeking a reduction in the number of years he must serve before being eligible for parole: Criminal Code, s. 745.6. Mr. Asfaha’s hearing is scheduled to start on June 1, 2026 and continue for three weeks with a jury.
2Since his conviction, Mr. Asfaha has spent some time in a federal penitentiary in British Columbia. Mr. Asfaha intends to call several witnesses at his Judicial Review application who live and work in British Columbia, including staff members from the institution.
3Mr. Asfaha has brought a motion to permit witnesses employed by the Correctional Service of Canada and witnesses who lives outside Ontario to testify at his Judicial Review application by video.
4I have the discretion to permit any witness who is in Canada to testify by video: Criminal Code, ss. 714.1. When deciding whether to permit a witness to testify by video, I must consider the location of the witness, the personal circumstances of the witness, the nature of the witness’ anticipated evidence, the nature of the proceedings, Mr. Asfaha’s right to a fair hearing and any potential prejudice to the Crown.
5The Crown has consented to me making an order allowing employees of the Correctional Service of Canada and anyone witness who lives outside of Ontario to testify by video.
6I am satisfied that it is in the interests of justice to allow employees of the Correctional Service of Canada to testify by video. Testifying by video will minimize the amount of time they will be away from work. It will also reduce the overall cost of the proceedings. The technology is available in the Toronto courthouse to receive testimony by video. I am confident that employees of the Correctional Service of Canada have access to a stable internet connection and will be able to testify from an appropriately private, quiet place. Finally, allowing employees of the Correctional Service of Canada to testify by video will not prejudice the Crown and will ensure Mr. Asfaha is able to call the witnesses he wants to testify at his Judicial Review application.
7Similarly, I am satisfied that it is in the interests of justice to allow witnesses who live outside Ontario to testify by video as long as the witness has access to a stable internet connection and a private place from which to give their evidence which will be free from distractions. Allowing witnesses who live outside Ontario to testify by video will increase the efficiency of the proceedings, will avoid unexpected delays and will ensure Mr. Asfaha is able to call the witnesses he wants to testify at his Judicial Review application. Given the Crown’s position, I am also satisfied that allowing out-of-province witnesses to testify by video will not prejudice the Crown.
8Mr. Asfaha’s motion to allow employees of the Correctional Service of Canada and out-of-province witnesses to testify by video is granted.
Davies J.
Date: April 13, 2026