During a jury trial for sexual offences, the Crown sought an order permitting the complainant to testify outside the courtroom using a screen or CCTV pursuant to s. 486.2(2) of the Criminal Code.
The complainant, who had recently turned 18, stated she felt uncomfortable testifying in the presence of the accused and defence counsel and believed remote testimony would allow her to speak more freely.
The court assessed whether the requested accommodation would facilitate a full and candid account while ensuring fairness to the accused and avoiding prejudice before the jury.
The judge concluded the complainant’s fears were not well-founded but determined that use of a screen in the courtroom would balance privacy interests and trial fairness.
The complainant was permitted to testify using a screen, accompanied by jury instructions that the procedure was not indicative of guilt.
