The Crown applied under s. 486.2(2) of the Criminal Code for an order permitting the complainant to testify via closed-circuit television in a trial involving allegations of intimate partner violence.
The Crown argued that the complainant's ongoing fear and anxiety created a real risk of witness shutdown if required to testify in the accused's presence.
The court granted the application, finding that the evidentiary record established on a balance of probabilities that the testimonial aid would facilitate a full and candid account without impairing trial fairness.